Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Overtime entitlements
  • 11 Jan 2024

    1. ) EE YUEH HORNG 2. ) TAN EI GUAN SINPPA INDUSTRIAL SDN BHD

    Citation
    JB-16-4-08/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    JB-16-4-08/2023 (Mahkamah Tinggi)

    Appellants failed to discharge the burden of proof that they were instructed or approved to perform overtime and failed to demonstrate fixed hours of work; evidence established they were only subject to a schedule of readiness of meals with flexible intervals that constitute inactive or standby periods not countable as hours of work; documentary evidence (punch cards) and computations were inadequate and claims appeared afterthoughts. Therefore Labour Court's factual findings were reasonable and not plainly wrong and appeal is dismissed.