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2017 MarsdenLR 314

HIGH COURT MALAYA KUALA LUMPUR
SHANGRI-LA HOTEL (KL) BHD & ORS – Appellant
Versus
NATIONAL WAGES CONSULTATIVE COUNCIL & ORS – Respondent


Table of Content
1. the plaintiffs seek declarations on wage regulations. (Para 1 , 2 , 3 , 4 , 5)

[1] The Plaintiff filed an originating summons seeking for the following declarations:

a) The Guidelines on the Implementation of the Minimum Wages Order 2012 issued by the 1st Defendant is intra vires the National Wages Consultative Council Act 2011 and is issued pursuant to the powers and functions of the 1st Defendant under s 4 of the ;

b) The Plaintiffs are entitled to use para 3 (v) and Illustration No 6 of the Guidelines on the Implementation of the Minimum Wages Order 2012 issued by the 1st Defendant as an aid of interpretation of the meaning of "minimum wage" and "basic wage" under the National Wages Consultative Council Act 2011 and Minimum Wages Order 2012 for the purposes of implementation of the Minimum Wages Order 2012 ; and

c) The Plaintiffs are entitled convert all or part of the service charge meant for distribution to the employees to form part of the minimum wages for the purposes of the implementation of the Minimum Wages Order 2012 .

The Parties

[2] The Plaintiffs own and operate the hotels and resorts in Malaysia which form part of the Shangri-La chain of hote

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