AWARD

Tam Kam Weng:

[1] On 30th January 1982, the Court made Award No. 14/82 on terms and conditions of employment binding on Hotel Equatorial (M) Sendirian Berhad (hereinafer referred to as "the Company") and the National Union of Hotel, Bar & Restaurant Workers (hereinafter referred to as "the Union") effective from 1st July 1979 to 30th September 1984.

The Union now complained that the Company had failed to comply with Articles 17 (b), (c) (i),(ii) and (iii) of the Award.

Article 17 (b), (c) (i), (ii) and (iii) reads of follows: -

"17. SERVICE CHARGE

(a)

(b) The Company shall furnish to the Union Head Office not later than the fifteenth (15th) of each month a copy of the monthly statement of account of the gross service charges for the preceding month and extend a copy of the same of the Union House Committee.

(c) The monthly statement of account shall contain the following: -

(i) The total gross service charge for each outlet;

(ii) The grand total gross service charge;

(iii) The names, designation, department and Individual tip point together with the individual value;

(iv)

(v)

(vi)

It prayed for an order that the Company should disclose to the Union the total gross service charge for each outlet with effect from 1st October 1981.

[2] At the hearing before us, the Company agreed to submit the monthly statement of account on total gross service charge for each outlet by the 15th of each month with effect from February 1985.

But in respect of all previous monthly statement of accounts on total gross service charge for each outlet, the Company asked for time as the Company was in the process of computering all its accounts.

And this the Union agreed, provided that all the previous monthly statements were submitted on or before 31st March, 1985.

[3] By consent, it is hereby ordered that the Company shall: -

(a) submit to the Union the current monthly statement of accounts on total gross service charge for each outlet by the 15th of each month effective from February 1985; and (b) submit to the Union the previous monthly statement of accounts on total gross service charges from 1st October 1981 on or before 31st March, 1985.

Compliance Ordered