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2019 MarsdenLR 2848
INDUSTRIAL COURT KUALA LUMPUR
KESATUAN KEBANGSAAN PEKERJA-PEKERJA PERUSAHAAN ALAT-ALAT PENGANGKUTAN DAN SEKUTU – Appellant
Versus
ORIENTAL SUMMIT .... – Respondent
Award No: 1414 Of 2019 [Case No: 28(13)/2-12/18]
The court emphasized that contractual terms governing bonuses must not be unilaterally altered by the company, reinforcing workers' rights under existing agreements.
Headnote:This ministerial reference under s 26 (2) of the Industrial Relations Act 1967 addresses a trade dispute between a labor union and a company concerning a collective agreement. The court found that bonus payments must remain contractual as per the existing terms and ruled for a 5% salary adjustment as the company’s financial capacity was deemed sufficient, despite its claims of losses. The status quo for salary structure was upheld, reflecting a balanced approach to workers’ compensation and company viability.
| Table of Content |
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| 1. overview of the referenced dispute and the involved parties. (Para 1 , 2) |
[1] This is a ministerial reference under s 26 (2) of the Industrial Relations Act 1967 (the IRA ) pertaining to the trade dispute between Kesatuan Kebangsaan Pekerja-Pekerja Perusahaan Aiat-Alat Pengangkutan Dan Sekutu (the Union) and Oriental Summit Industries Sdn Bhd (the Company) regarding the proposed 10th Collective Agreement (the CA) between the parties for the period 1st July 2017 to June 2020 for those workmen falling within the CA.
[2] The Company is a chassis manufacturer and is fully owned by DRB-HICOM. It has been 35 years in business.
[3] All but three articles have been agreed, the three disputed articles being:-
Article 28 Bonus
Article 41 Salary Adjustment
