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2011 MarsdenLR 4261
INDUSTRIAL COURT, KUALA LUMPUR
JOHARI BASERI – Appellant
Versus
TRADEWINDS PLANTATION BHD – Respondent
Award No. 578 Of 2011 [Case No: 12/4-694/10]
Parties can amicably settle disputes without admitting liability; settlements constitute full and final claims against the other party.
Headnote:(A) Agreement Law - Settlement - Ex gratia payment - The Company agreed to pay RM9,150.00 to the Claimant as a full and final settlement without any admission of liability (Para 1).
(B) Statutory deduction - The settlement is subject to statutory deduction to be paid within three weeks (Para 2).
(C) Full and final settlement - The settlement shall constitute full and final claims against the Company, disallowing further claims by the Claimant (Para 3).
Facts of the case:
The parties amicably settled the dispute regarding the Claimant's employment with the Company.
Findings of Court:
The Court recorded the settlement as per the agreed terms on 27 April 2011.
Issues: The principal issue was the terms of the settlement regarding payment and future claims.
Ratio Decidendi: The court emphasized the amicable nature of the resolution without any liability admission by either party, highlighting the finality of the agreed settlement terms.
Result: The case was recorded and settled amicably.
Encik Shahrul Amali from Messrs A. Azidin & Shahrul, Counsel for the Claimant and Ms. Sunitha from Messrs Sunitha Ruthram & Co., Counsel for the Company, were pleased to inform the Court that this Case had been amicably settled by both parties on the following terms:
(i) Without admission to liability by both parties, the Company agrees to pay an ex-gratia sum of RM9,150.00 to the Claimant as full and final settlement of the matter;
(ii) The settlement sum of RM9,150.00 subject to statutory deduction to be paid to the Claimant through his solicitor Messrs A. Azidin & Shahrul within three weeks from the date of the Award.
(iii) The settlement shall constitute full and final claims against the Company in the said action and the Claimant shall have no further claims of whatsoever nature against the Company in respect of the Claimant's employment with the Company.
Accordingly, the Court recorded the settlement of this Case.
HANDED DOWN AND DATED 27 APRIL 2011
