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CASE NO : 1/1–772/18
BETWEEN
MOHD. SHAFIQ HELMI BIN SOHARI
AND
1
AWARD
Industrial Relations Act 1967 & Rule 24 A of the Industrial Court Rules 1967 filed on 5
March 2018 in the matter of Industrial Court Case No. 3/4-937/15 (Award No. 1774 of
2017 dated 8 December 2017) between Mohd. Shafiq Bin Sohari v. Next Logistics
Sdn. Bhd.
[2] The complaint lodged by the Complainant in relation of the following provision in
“that the total sum of RM 53,400.00 shall be paid by the Company to the Claimant
through his solicitors Messrs Hafiz Zubir & Co. within 40 days from the date of the
above-mentioned Award dated 8 December 2017.”
Complainant's submissions
[3] The Statement of Case was filed on 3 May 2018 and states the Award No. 1774 of
2018 (reported in [2018] 1 ILR 155) dated 8 December 2018 allowing the Claimant's claim
and the said Award was served on the Respondent's solicitors Messrs Aimi Farhana &
[4] The Complainant prays for an order of non-compliance against the Company under
s. 56 (2) (a) (i) IRA. The Complainant's counsel submits that the Company has yet to
comply with the Award. Counsel urged the Court to order compliance of the said Award
by the Respondent.
2
Respondent's submissions
[9] The Respondent's counsel submitted that the Company does not have the intention
to disobey or ignore the Award. The application for judicial review filed in the Kuala
Lumpur High Court No. WA-25-69-03/2018 is now fixed for hearing on 29 August 2018.
The Respondent requested for the payment of the said sum to be put on hold pending
disposal of the application for judicial review. The interim stay granted by the High Court
expired on 3 May 2018. According to the Respondent, the award sum is substantial
cost and time for the Company to recover it from the Claimant should the Respondent's
The Law
Perusahaan Makanan v. Gold Coin Specialities Sdn. Bhd. [2017] 2 ILR 260 at p.
262 referred to the case of Holiday Inn, Kuala Lumpur v. National Union of Hotel,
Bar and Restaurant Workers [1988] 1 CLJ 133 in relation the application of section 56
of the Industrial Relations Act 1967, where the Supreme Court decided as follows:
3
[11] In the case of Dragon & Phoenix Berhad v. Kesatuan Pekerja-pekerja
Perusahaan Membuat Tekstil & Pakaian Pulau Pinang & Anor. [1990] 2 ILR 515 at
Decision
follows:
“(1) Any complaint that any term of any award … by the Court has not been
complied with may be lodged with the Court in writing by … any person
bound by such award..
[13] The Court is of the unanimous view that the terms of the Award has not been
complied and without reasonable grounds the Respondent failed to pay the Complainant
the sum of RM53,400.00 less statutory deductions if any within 30 days from the date of
the said Award. The Respondent failed to produce any documents to show that his
financial status in order for the Court to assess the Company's ability to pay the award
sum.
4
[14] The application for judicial review by the Respondent shall not operate as a stay of
execution. The Federal Court in the case of Kosma Palm Oil Mill Sdn. Bhd. v.
Koperasi Serbausaha Makmur Bhd. [2004] 1 MLJ 257 at p. 263, 264 held as follows:
“[7] An appeal shall not operate as a stay of execution unless the court so
orders. Accordingly, as Brown J said in Serangoon Garden Estate Ltd. v. Ang
Keng [1953] MLJ 116 while commenting on the discretion to grant a stay:
But it is a clear principle that the Court will not deprive a successful
party of the fruits of his litigation until an appeal is determined, unless
the unsuccessful party can show special circumstances to justify it.
[10] His Lordship (in the case of Alexander v. Cambridge Credit Corp Ltd
[1985] ACLR 42) then said at p. 610:
[15] Based on the reasons adumbrated above and upon hearing submissions from both
the Complainant's and the Respondent's counsels, the Court unanimously makes an order
pursuant to s. 56 (2) (a) (i) IRA 1967 directing the Respondent to pay the Complainant
through his solicitors Messrs Hafiz Zubir & Co. the sum of RM53,400.00 less statutory
deductions forthwith.
~signed~