HIGH COURT MALAYA PULAU PINANG
K-GE RESTAURANT SDN BHD – Appellant
Versus
GERARD ELIAS – Respondent
JUDGMENT
Introduction
[1] This is an appeal against the decision of this Court on 29 January 2024 which affirmed and upheld the decision of the Learned Chairman of the Industrial Court (IC) who allowed the Respondent's claim on 10 October 2023 and ordered the Appellant to pay a sum of RM76,950.00 to the Respondent subject to the statutory deductions and contributions (if there is) against the Respondent.
[2] For the convenience and accuracy of the facts as presented by the parties in the High Court, in this judgment, the parties are referred to as they were in the High Court.
Cause Papers
[3] The cause papers that have been referred to by the parties during the appeal before this Court are as follows:
(i) Rekod Rayuan (Bahagian A) (hereinafter referred to as 'RR1') [which consists of the Notice of Appeal, the cause papers filed at Industrial Court, memorandum of appeal and the Award dated 10 October 2023];
(ii) Rekod Rayuan (Bahagian B dan C) (hereinafter referred to as 'RR2') [which consists of all the documents referred by parties at the Industrial Court and Witness Statements by parties].
The Trial At The Industrial Court (IC)
[4] Witnesses called to testify during t
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