AWARD

Susila Sithamparam:

[1] This was a complaint in Form S which was filed on 13 February 2008 by the National Union of Hotel, Bar and Restaurant Workers, Peninsular Malaysia (hereinafter referred to as "the union") against Komtar Hotel Sdn Bhd operating under the name Traders Hotel Penang by Shangri-La (hereinafter referred to as "the respondent") pursuant to s. 56, Industrial Relations Act 1967 for not complying with art. 28(c) of the Collective Agreement dated 8 September 2006 having cognizance number 280/2006 (hereinafter referred to as "the said collective agreement") vide U-1.

[2] Article 28 of the said collective agreement reads:-

Retrenchment/Redundancy Benefits

Clause (a)	The provisions of this Article shall apply only to those employees who are declared redundant by the hotel ie. to employees whose services are surplus to the hotel's requirements at any time and shall not apply to dismissals for disciplinary reasons, resignations, retirements or termination of employment for any other cause or reason.
Clause (b)	Employee selected for retrenchment shall be paid one (1) month last drawn basic salary for each completed year of service.
Clause (c)	The hotel shall give two (2) months