AWARD

This is an application by the National Union of Hotel, Bar & Restaurant Workers (the union) for interpretation of Award No. 12/91 in Case No. 2/3- 259/86 for the purpose of removing uncertainty in the interpretation of the word wages in the said award dated 16 January 1991 which stated as follows:

This court finds that the dismissal of the claimant Encik Mohd Hamir bin Mohd Hussain, was without just cause and excuse and awards him thirty months backwages being compensation in respect of lost wages. The retrenchment benefits paid to claimant are to be deducted from the compensation awarded. This court further orders that the payment of backwages ordered be made within one month of the date of this award.

Tropical Inn Sdn. Bhd. Johore (the hotel) interpreted the word wages in the award strictly within the definition of wages in s. 2 of the Employment Act, 1955 , so as to exclude annual increments, service charge and bonus. The hotel calculated the claimant's backwages on the basis of the claimant's basic wage of $495 and only added his food allowance of $40 making a monthly total wage of $535. The union disagrees with the rigid and inflexible interpretation by the hotel. In indust