16 Jan 2020
PRIMULA BEACH HOTEL SDN BHD 1. KESATUAN KEBANGSAAN PEKERJA-PEKERJA HOTEL, BAR DAN RESTORAN, SEMENANJUNG MALAYSIA. 2. MAHKAMAH PERUSAHAAN MALAYSIA.
- Citation
- WA-25-348-07/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-25-348-07/2019 (Mahkamah Tinggi)
The High Court refused the Hotel’s judicial review and upheld the Industrial Court’s incorporation of Articles 10 and 12: salary revision based on seniority percentages and CPI was reasonable; the Hotel could not unilaterally abolish the service charge as it is a contractual term and the clean wage system was less favourable and unsupported by evidence of employee agreement. The High Court allowed the Union’s judicial review in relation to Article 24(c): the Industrial Court erred by incorporating an unpleaded monetary capping for outpatient treatment and that cap was unreasonable and caused…