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INDUSTRIAL COURT KUALA LUMPUR
WARREN ZAWAWI HUSSEIN – Appellant
Versus
WAGNER GLOBAL SERVICES (M) SDN BHD – Respondent
| Table of Content |
|---|
| 1. claimant awarded rm505,440 but unpaid balance. (Para 1 , 1 , 2 , 3 , 4 , 13) |
| 2. employment contracts include tax reimbursement. (Para 5 , 6 , 7 , 10 , 11) |
| 3. fringe benefits and tax concerns for expatriate. (Para 8 , 9 , 12) |
| 4. respondent claims no jurisdiction on tax reimbursement. (Para 14 , 15 , 26 , 27 , 28) |
| 5. respondent's jurisdiction arguments on tax reimbursement (Para 16 , 18) |
| 6. case law on jurisdiction of industrial court (Para 29) |
| 7. claimant argues entitlement based on contract. (Para 36 , 37 , 38) |
| 8. court's authority clarified under industrial relations act. (Para 39 , 40) |
| 9. assessing tax liability lies with complainant. (Para 42 , 43 , 44) |
[1] This is an application for an order of non-compliance of Award No: 343 of 2012 which was handed down in dismissal case 27(23)/4-204/09 (Warren Zawawi Hussein v. Wagner Global Services (M) Sdn Bhd; [2012] 3 ILJ 34 ). The sum which was awarded to the complainant was RM505,440.00.
The Complaint
[2] The complainant contended that the Industrial Court had ordered the respondent to pay him the sum of AUD156,000 which was equivalent to RM505,440.00 based on the exchange rate of 3.24.
[3] The respondent had only paid him part
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