12 Jan 2021
PENDAKWARAYA Sime Darby Plantation Berhad
- Citation
- JG-87-721-11/2019 & JG-87-723-11/2019 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- JG-87-721-11/2019 & JG-87-723-11/2019 (Mahkamah Majistret)
The court found the summons alleged failure to include productivity incentive under a collective agreement while the charge made in court alleged failure to calculate/pay overtime wages — a material divergence that caused prejudice. The charge was defective for omitting the wage period and unpaid amount (essential particulars under s.60I calculation), and the prosecution failed to timely and adequately move to amend the charge. Therefore the preliminary objections were allowed, the accused released not acquitted, and the summonses cancelled with liberty for prosecution to refile a complete an…