AWARD

Syed Ahmad Radzi Syed Omar:

[1] The matter here arose as a result of the alleged dismissal of Ishak bin Haji Kamari (CLW1) and Elangoh A/L Kolandai (CLW2) by Kumpulan SF Powertech Sdn. Bhd. (the company).

Fact Of The Case

[2] The company's contention is that both the claimants were involved in an illegal strike which caused the company to suffer losses when baggage at the KLIA were delayed. The company had a contract with MAS to handle baggage from aircrafts to the terminal and from terminal to the aircrafts. Any strike by the company's staff would affect the whole system of baggage transfer at KLIA. After the strike both the claimants did not turn up for work while other workers apologised to the management and they came back to work. Both the claimants were terminated after the panel of D.I. found them guilty of the charges.

[3] The claimants' story were that they were not paid their salaries on time by the company. The delay in paying their salaries has been an ongoing problem for the past one year. On 9 February 2000 when their salaries were not paid they met Encik Salleh, COW2 at 4pm who promised to pay their salaries by 7pm on the same day. The first claimant and other drive