JUDGMENT

Wan Ahmad Farid Wan Salleh J:

[1] This is an appeal from the decision of the Labour Court, Bangi, Selangor, which was delivered on 10 February 2021.

[2] The pleaded case of the respondent at the Labour Court is as follows. The respondent was employed as a crane operator in Yit Leong Crane Services from 1 May 2013. His basic salary was RM6,000 per month with a fixed monthly allowance of RM2,000.

[3] On 27 August 2014, Yit Leong Crane Services was incorporated under the then Companies Act 1965 with the name and style of Yit Leong Crane Services Sdn Bhd, the appellant herein. One of the directors of the appellant is one Tok Kok Leong ("Encik Tok").

[4] It is the respondent's case that subsequent to the corporate exercise and the incorporation of the appellant in 2014, the respondent's employment was now under the appellant company with the same designation.

[5] Unfortunately, the respondent was made bankrupt by a Court order dated 1 December 2014. After the bankruptcy order was entered against the respondent, the parties arranged that the respondent's salary would be paid to a business concern. The business entity - known as Sri Multi Enterprise, a sole proprietorship - was owned b