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INDUSTRIAL COURT KUALA LUMPUR
GOLDEN SANDS BEACH RESORT SDN BHD – Appellant
Versus
KESATUAN KEBANGSAAN PEKERJA-PEKERJA HOTEL BAR DAN RESTORAN SE.... – Respondent
| Table of Content |
|---|
| 1. dispute involves three primary articles of the collective agreement. (Para 1 , 2) |
| 2. union and hotel submit conflicting proposals on salary increments. (Para 4 , 5 , 20 , 21) |
| 3. effective duration determination and implications. (Para 6) |
| 4. statutory provisions guide the effective duration and validity of awards. (Para 7 , 15 , 34) |
| 5. financial viability and market comparisons are critical in wage deliberations. (Para 18 , 23 , 49) |
| 6. assessment of wage structure sustainability. (Para 28) |
| 7. final ruling favors hotel’s proposal due to potential industry-wide impacts. (Para 41 , 104) |
[1] The parties had agreed that the disputed articles for resolution are as follows:
(i) Article 2 Duration and Termination of Agreement
Article 2.1 and 2.3
(ii) Article 10 Salary Structure and Annual Increment
Article 10.1 regarding Immediate Increment
Article 10.2 regarding Appendix B on Salary Structure and
Article 10.4 regarding Rate of Annual Increment
(iii) Article 12 Service Charge
Article 12.1
[2] All the remaining articles other than the said 3 main disputed articles had been agreed and reduced into writing and signed by the respective parties on 16 July 2018 and was filed into court on 27 J
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