2009 MarsdenLR 1959
INDUSTRIAL COURT (KUALA LUMPUR)
HAPIPAH MONEL
NATIONAL UNION OF COMMERCIAL WORKERS
Versus
THAI CHOONG PROVISIONS (MALACCA) SDN BHD
AWARD NO: 1236 OF 2009 (KES NO: 19(21)/1-180/09)
Decided On : 21 OCTOBER 2009
For the Complainant - Murugan Maniam, Industrial Relations Manager; National Union of Commercial Workers (NUCW) and mention on behalf M/s Taye & Co
Counsel for the Respondent
The Complainant lodged a complaint under section 56(1) of the Act that the Respondent has failed to comply with the Article 27 - Annual Bonus of the C.A. between the Respondent and the Complainant.
This matter was set down for mention today 19 October 2009. Mr. Murugam Maniam from National Union of Commercial Workers (NUCW) appear on behalf of the Complainant and mention on behalf of counsel for the Respondent informed Court that the parties have mutually resolved their complaint by consent on the following terms:-
1. The Company agrees to pay the annual bonus for the year 2008 to Mr. Chua Thiam Hock the sum of RM1,821.75 (Ringgit Malaysia One Thousand Eight Hundred Twenty One and Sen Seventy Five) only being one and a quarter (1 1/4) months' salary.
2. The Company agrees to pay the annual bonus for the year 2008 to Mr. Low Hoch Chee @ Low Hock Chee the sum of RM1,770.00 (Ringgit Malaysia One Thousand Seven Hundred and Seventy) only being one and a quarter (1 1/4) months' salary.
3. The Company shall pay Items No. 1 & 2 above within 4 weeks from the date of this Agreement.
4. The Company agrees to write to the abovenamed employees informing them that the Company is withdrawing the earlier letter of punishment of not paying the annual bonus for the year 2008.
5. The Company will upon writing the letter to the employees as stated under Item No. 4 above thereafter issue inter alia, written warning letters to both the employees on the misconduct.
6. In consideration of the above, it is agreed that it will be the full and final settlement of the Industrial Court case No. 19(21)/1 -180/09.
7. Both parties hereby humbly request the Honourable Court to record the Agreement as a Consent Award.
UPON CONFIRMATION of the said terms by the both parties, the Court accordingly handed down an award upon the terms as agreed to by consent indicated above.