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1986 MarsdenLR 403

INDUSTRIAL COURT KUALA LUMPUR
FRASER & NEAVE (M) SDN.BHD. – Appellant
Versus
CHEGNE KEONG CHYE – Respondent


AWARD

1. This is a complaint of non-compliance by one Encik Chegne Keong Chye (hereinafter referred to as "the Complainant") with Article 40 of the collective agreement entered into between Fraser & Neave (M) Sdn.Bhd. (hereinafter referred to as "the Company") and the National Union of Drink Manufacturing Industry Workers (hereinafter referred to as "the Union") on 1st January 1982. That collective agreement (hereinafter referred to as "the Agreement") was taken cognisance of by the Court vide Cognizancs No.3/83.

2. The Complainant was first employed by the Company on 15th May, 1951. He retired from the service of the Company as a Factory Superintendent on 30th November, 1983 and, upon his retirement, was paid a sum of $16,000/- as retirement benefits. His complaint is that, according to Article 40 of the Agreement, he should get a sum of $69,774.00 for his 32 years of service with the Company. The relevant portion of Article 40 of the Agreement reads as follows :-

VI. Retirement benefits shall be calculated on the basis follows:

YEARS OF SERVICESBENEFIT
Below 5 years-Nil
5 yrs - 10 yrs-10 days' basic wage based on his last drawn salary for each completed year of service or proportionate


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