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2021 MarsdenLR 2245

INDUSTRIAL COURT SARAWAK
ANTHONY CYPRIAN CHIN – Appellant
Versus
DAIKEN SARAWAK SDN BHD – Respondent


Petitioner Advocates:Lesley Ling Lyn ,Respondent Advocate: Henry Ling Kuong Meng

AWARD

Ani Solep @ Julia Anne Marie Solep:

Background Facts

[1] In Award No 2866 of 2019 (Anthony Cyprian Chin v. Daiken Sarawak Sdn Bhd) (dismissal award) dated 31 October 2019 in Case No 8/4-1138/17, the company was ordered to pay the claimant a global sum of RM479,290.40, less statutory deductions, if any, within one month from the date of the award.

[2] The company being dissatisfied with award had the award reviewed in the Application for Judicial Review in High Court, Bintulu.

[3] After the company's Application for Judicial Review was dismissed, the company on 6 November 2020 paid the said RM479,290.40 to the claimant.

[4] The claimant's Form M application made pursuant to s 33(1) of the Industrial Relations Act 1967 and filed on 23 February 2021 is for an interpretation of the last sentence of the award which reads:

"Consequently, this Honourable Court orders the company to pay the claimant a global sum of RM479,290.40, less statutory deductions, if any, within one month from the date hereof."

[5] In Form M, the claimant pleaded that the above provision should be interpreted in the following manner:

"The phrase "statutory deductions, if any" means the statutory EPF and SOCSO contri

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