- Plank Hee vs. F & N Coca Cola (2010)

IN THE INDUSTRIAL COURT OF MALAYSIA

CASE NO. 15/1 – 404/09

BETWEEN

PLANK HEE

AND

F & N COCA-COLA (MALAYSIA) SDN. BHD.

AWARD NO. 229 OF 2010

Before                       :           PUAN ONG GEOK LAN     -  CHAIRMAN

                                                                                           (Sitting Alone)

Venue                       :           Industrial Court Malaysia, Kuala Lumpur

Date of Reference:           10.08.2009

Dates of Mention :           29.09.2009, 14.10.2009, 30.11.2009, 
                                           15.12.2009, 14.01.2010, 23.02.2010           

Representative     :           Mr. Tsen Shoon Hin @ Edward 
                                           (Industrial Relations Officer) from  
                                           Sabah Commercial Employees’ Union  
                                           represented the Complainant

                                               

                                            Mr. H. C. Yong

                                            Of Messrs Zaid Ibrahim & Co.

                                            represented the Respondent

COMPLAINT:              PLANK HEE (“the Complainant”) lodged a complaint under section 56(1) of the Industrial Relations Act 1967 (“the Act”) that F & N COCA COLA (MALAYSIA) SDN. BHD. (“the Respondent”) has failed to comply with Award No. 812 of 2009 (“the said Award”) in case No. 17/4-1246/07

  

AWARD

            The Complainant lodged a complaint under section 56(1) of the Act that the Respondent has failed to comply with the said Award.  By the said Award, the Respondent was ordered to pay to the Complainant a total amount of RM86,437.60 less statutory deduction within 30 days from the date of the said Award.

            The complaint was first called up for mention on 29.9.2009.  Mr. Edward S. H. Tsen the Industrial Relations Officer from the Sabah Commercial Employees’ Union (“Union”) appeared for the Complainant who was also present.  Miss Cynthia Junavence from Messrs Zaid Ibrahim & Co. appeared for the Respondent.  Mr. S. Rajendra Parshad, the Industrial Relations Manager from the Respondent was present.  The Respondent requested for time to file in the Statement in Reply.

            On 23.2.2010 the complaint was called up for mention.  Mr. H.C. Yong from Messrs Zaid Ibrahim & Co appeared for the Respondent.  He informed that the Respondent had sent the cheque for the sum awarded to the Union in January 2010.

            The Union’s representative was not present.  The Court through its interpreter then contacted Mr. Edward Tsen from the Union.  He confirmed that the matter had been settled and that the Union would be sending a letter to confirm the same.

In the premises, the Court hereby strike out the complaint.

HANDED DOWN AND DATED 24^TH OF FEBRUARY, 2010

(ONG GEOK LAN)

CHAIRMAN

INDUSTRIAL COURT MALAYSIA

KUALA LUMPUR