In Award No. 364 of 1987 (the First Award), the Industrial Court determined the wages, terms and conditions of employment of the Dragon & Phoenix Berhad, Penang (the company). The First Schedule to the award provides (in so far as it is relevant):

1

Article 14 - Working Hours

Working hours for all employees shall be as follows:

(a)

(b) Factory & Store

45 hours per week, excluding lunch breaks; with no tea breaks in the morning and afternoon; and

(c) Factory & Store working hours shall be as follows:

8.00 a.m. to 12.00 noon; and

1.00 p.m. to 4.30 p.m.

Article 26 - Overtime

(1) ....

(2) ....

(3) ....

(4) Employees who are required to work for sixteen (16) hours or more in any one day due to emergency shall be granted a paid day-off the following day. The company had to fulfil overseas orders and requested nine store workers to work on 29 December 1987 from:

8.00 a.m. to 12.00 noon;

1.00 p.m. to 4.30 p.m.; and

4.30 p.m. to 12 midnight.

On 30 December 1987 requested thirteen packing workers to work from:

8.00 a.m. to 12.00 noon;

1.00 p.m. to 4.30 p.m. and

5.00 p.m. to 12.30 a.m. the following day.

The workers from both sections were not given a paid day-off the following day. The company