31 Jul 2017
CRYSTAL CROWN HOTEL & RESORT SDN BHD (CRYSTAL CROWN HOTEL PETALING JAYA) KESATUAN KEBANGSAAN PEKERJA-PEKERJA HOTEL, BAR & RESORT SEMENANJUNG MALAYSIA
- Citation
- W-02(A)-1601-09/2015 (Mahkamah Rayuan)
- Court
- A
- Case number
- W-02(A)-1601-09/2015 (Mahkamah Rayuan)
Service charge monies are collected from customers and form a contractual element of employees' total remuneration distinct from basic wage; an employer cannot lawfully use the service charge pool to satisfy its statutory minimum wage obligations under the Minimum Wages Order and Act 732; the Industrial Court's award upholding the service charge as separate remuneration was lawful and rational and the High Court's dismissal of judicial review was correctly affirmed.