MASHYUR MUTIARA SDN BHD vs ABDUL SAMAT ISHAK & ORS AND ANOTHER APPEALS

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2019 MarsdenLR 1883

HIGH COURT MALAYA ALOR SETAR
MASHYUR MUTIARA SDN BHD – Appellant
Versus
ABDUL SAMAT ISHAK & ORS AND ANOTHER APPEALS – Respondent

Petitioner Advocates:Darshan Singh Aulakh ,Respondent Advocate: Arun Kumar S Kanesin

Table of Content
1. parties involved in the appeal and context of the workers' claims. (Para 1 , 2 , 3 , 4)
2. determination of the relationship between the employer and employees. (Para 5 , 6 , 7)
3. contracts dictate employer-employee relationships, depending on management or agent status. (Para 12)
4. determination of collective agreement validity despite expiration is based on existing saving clauses. (Para 15 , 17)
5. jurisdiction of the labour court under the employment act with respect to employee claims. (Para 21 , 25 , 28 , 30)
6. labour court retains jurisdiction to hear employee wage and benefit disputes. (Para 24 , 26)

[1] Both these 2 appeals, 'Rayuan Buruh' No: 16-5-6/2017 and 'Rayuan Buruh' No: 16-6-6/2017, share a common appellant. The respondents comprise of different individuals. However, as the issues arising from the appeals are the same the parties have by consent prayed for both the appeals to be determined together.

[2] The appellant, Mashyur Mutiara Sdn Bhd (hereinafter referred to as 'Mashyur Mutiara') was the owner of a hotel known as Sheraton Langkawi Beach Resort (hereinafter referred to as 'the hotel'.)

[3] The respondents (hereinafter referred to as 'the worker

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2019 MarsdenLR 1883

HIGH COURT MALAYA ALOR SETARMASHYUR MUTIARA SDN BHD – AppellantVersusABDUL SAMAT ISHAK & ORS AND ANOTHER APPEALS – Respondent

Cases Referred (1)

HIGH COURT MALAYA ALOR SETAR
MASHYUR MUTIARA SDN BHD – Appellant
Versus
ABDUL SAMAT ISHAK & ORS AND ANOTHER APPEALS – Respondent