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2005 MarsdenLR 224

INDUSTRIAL COURT, KUALA LUMPUR
BUTTERWORTH TRAVEL LODGE SDN BHD – Appellant
Versus
NATIONAL UNION OF HOTEL BAR & RESTAURANT WORKERS PENINSULAR MALA.... – Respondent
Award No. 623 Of 2005 [Case No: 1/1-3254/2004]



AWARD

(No. 623 of 2005)

The National Union of Hotel, Bar & Restaurant Workers, Peninsular Malaysia ("the union") lodged a complaint of non-compliance under s. 56(1) of the Industrial Relations Act 1967 against Butterworth Travel Lodge Sdn. Bhd. ("the company") alleging that the company had not complied with art. 25 (on Annual Bonus) in the collective agreement between the company and the union.

The matter was set down for hearing on 18 March 2005.

However, on 14 March 2005 Encik Lim Chooi Phoe, Executive Secretary of the union and mentioning on behalf of the company, saw me in Chambers and informed the court that parties have settled the matter and tendered a copy of the agreement between the parties containing the terms of settlement which is annexed hereto. He requested for a consent award.

The court is pleased to hand down a consent award on the terms contained in the agreement annexed hereto.

Industrial court Case No. 1/1-3254/04

Between

Butterworth Travel Lodge Sdn Bhd

And

National Union Of Hotel, Bar & Restaurant Workers, Peninsular Malaysia

Terms Of Settlement

Butterworth Travel Lodge Sdn Bhd, (the Hotel) and National Union Of Hotel, Bar & Restaurant Workers, Peninsular Malaysia (the Union) have reached an amicable settlement on the payment of annual bonus for the year 2003 on the following terms:-

1. The Hotel shall pay the employees as stated herein the annual bonus for year 2003 less EPF contribution as follows:

BonusLess EPFBonus Payable
i) Abd Ghaffar Hj HashimRM1,312.50RM146.00RM1166.50
ii) Lim Siam HuatRM1,402.50RM157.00RM1245.50
iii) Tan Guek HuahRM1,515.00RM168.00RM1347.00
iv) Ang Kong LeeRM1,440.00RM159.00RM1281.00
v) Fadilah Bt SaadRM 975.00RM108.00RM 867.00
vi) Beh Mooi KimRM 528.00RM 60.00RM 468.00
vii) Lau Ah HeongRM 570.00RM 64.00RM 506.00
viii) Tan Ting HoRM 600.00RM 66.00RM 534.00
ix) Uvaraja a/l ArjunanRM 525.00RM 60.00RM 465.00
RM8,868.00RM988.00RM7880.00

2. The Hotel shall pay the gross amount of RM7,880.00 in two (2) instalments.

3. The 1st instalment of RM3940.00 shall be paid through the Union on or before 31.03.2005.

4. The final instalment of RM3940.00 shall be paid through the Union on or before 30.04.2005.

Both parties hereby request the Honourable court to record a Consent Award in terms hereof.

Dated this 10th day of March 2005.

Woo Kai KuaDirectorButterworth Travel Lodge Sdn BhdLim Chooi PhoeExecutive SecretaryNational Union Of Hotel,Bar & Restaurant WorkerPeninsular Malaysia

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