NATIONAL UNION OF HOTEL BAR & RESTAURANT WORKERS PENINSULAR MALAYSIA vs THE PLAZA HOTEL KUALA LUMP....

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 MarsdenLR 670

INDUSTRIAL COURT KUALA LUMPUR
NATIONAL UNION OF HOTEL BAR & RESTAURANT WORKERS PENINSULAR MALAYSIA – Appellant
Versus
THE PLAZA HOTEL KUALA LUMP.... – Respondent

Table of Content
1. application for non-compliance of collective agreement. (Para 1 , 6)
2. explanation of relevant articles in the collective agreement. (Para 2 , 3 , 4)
3. contention regarding changes to wage structures. (Para 7 , 14 , 22)
4. court's ruling on the fundamental terms of the agreement. (Para 49 , 55)
5. court's order for compliance with the original wage system. (Para 59 , 60)

Susila Sithamparam:

[1] This is an application for an order of non-compliance by the National Union of Hotel, Bar & Restaurant Workers, Peninsular Malaysia (hereinafter referred to as "the complainant/union") in respect of arts 2 and 12 of the tenth collective agreement dated 19 October 2010 between the complainant and The Plaza Hotel Kuala Lumpur (hereinafter referred to as "the said respondent"), cognisance number 285/2010 (hereinafter referred to as "the said collective agreement").

[2] The relevant provisions in the said collective agreement art 2 read:

Article 2 EFFECTIVE DATE AND DURATION

(i)This agreement shall be deemed to have come into force on 1 July 2010 and shall continue to remain in force until30 June 2013 and thereafter unless superseded by a new collective agreement or award.

(ii) During

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2015 MarsdenLR 670

INDUSTRIAL COURT KUALA LUMPURNATIONAL UNION OF HOTEL BAR & RESTAURANT WORKERS PENINSULAR MALAYSIA – AppellantVersusTHE PLAZA HOTEL KUALA LUMP.... – Respondent

INDUSTRIAL COURT KUALA LUMPUR
NATIONAL UNION OF HOTEL BAR & RESTAURANT WORKERS PENINSULAR MALAYSIA – Appellant
Versus
THE PLAZA HOTEL KUALA LUMP.... – Respondent