AWARD

Eddie Yeo Soon Chye:

[1] This is a Ministerial reference made under s 26(2) of the Industrial Relations Act 1967 (Act 177) dated 10 July 2014 arising out of the trade dispute between Kesatuan Pekerja-Pekerja Parkroyal Kuala Lumpur (here in after referred to as the "union") and Grand Elite Sdn Bhd (Parkroyal Kuala Lumpur) (here in after referred to as the "hotel").

[2] The hearing of this trade dispute was held in a technology court on 13 April 2015, 11 May 2015 and 26 May 2015. Both parties filed their respective Written Submissions and Bundle of Authorities on 8 March 2016. When the case was called for mention on 7 April 2016, both parties indicated that no reply to the submissions will be filed and requested the case to be closed for handing down of the Award by the hearing Panel.

Statement Of Case

[3] The union contended that the dispute in this reference pertains the issue of bonus payment for the year 2013 in respect of art 39 (Bonus) contained in the 7th Collective Agreement between the union and the hotel for the period of 1 August 2010 to 31 July 2013. The union contended that bonus payment in the past was based on the hotel's discretion and profits related and not based on work performance. The union further contended that the hotel's action was unilateral in nature against art 39 on the bonus payment as reflected in the Collective Agreement.