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1997 MarsdenLR 828

HIGH COURT MALAYA, SHAH ALAM
KUALA LUMPUR KEPONG BHD – Appellant
Versus
SUBRAMANIAM SINNAPPAN & ORS – Respondent


JUDGMENT

Faiza Tamby Chik J:

This is an appeal against the decision of the labour officer, Rawang, Selangor.The decision was handed down on 2 July 1994 ordering the appellant to pay the sum of RM1,325.69 to the respondents being the short payment of wages between the period of July 1986 and September 1990.

The memorandum of appeal (pp. 1 to 3 of the appeal record) contains seven grounds of appeal but this can be broadly divided into the following four grounds:

(i) The labour officer's decision is a nullity by reason of procedural unfairness/ impropriety (Paras. 1 and 3 of the memorandum of appeal);

(ii) The labour officer had acted beyond its jurisdiction under s. 69 of the Employment Act by unilaterally varying the terms of employment of the respondents. (Para. 4 of the memorandum of appeal);

(iii) The labour officer erred in law when he ruled that the shortfall in weight was a deduction of wages which was purportedly in breach of s. 24 of the Act (Para. 5 and 6 of the memorandum of appeal); and

(iv) The labour officer erred in law in failing to apply the principle of approbation/reprobation [Para. 7 of the memorandum of appeal).

The appellant submitted that as the amount involv

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