2 days ago
- Business
- Free Malaysia Today
Couple awarded RM160,000 in unpaid overtime claims
The Court of Appeal rejects the factory's argument that the couple enjoyed flexible working hours, although their contract stated it was from 5am to 8pm.
PUTRAJAYA : A couple, who worked as cooks at a factory canteen in Johor, was awarded a total of RM162,420 in unpaid overtime claims after the Court of Appeal overturned a High Court ruling earlier this year.
A three-member Court of Appeal bench, chaired by Justice Lim Chong Fong, said the Employment Act limited a person's shift to eight hours a day but the couple's contract stipulated that they should work from 5am to 8pm.
Despite siding with the couple, the appellate court allowed only one-third of the total amount demanded by Ee Yueh Horng and Tan Ei Guan as it said part of the claims were already factored into the overall calculation.
Sinppa Industries Sdn Bhd will now have to pay the wife RM96,732 and the husband RM65,688.
The amount is inclusive of 5% interest, calculated from the date the complaint was filed in the Labour Court on March 12, 2023.
Ee and Tan were employed from 2019 to 2023 by the aluminium manufacturer based in Ayer Hitam.
The wife's monthly salary was RM3,000 while the husband, who doubled as a part-time security guard, earned RM2,000.
The factory had paid termination benefits and other outstanding amounts owed to them.
Ee subsequently filed a claim for RM290,196 and Tan for RM197,066. These were dismissed outright by the labour tribunal and later affirmed by the High Court in Muar.
Today, lawyer T Vijaya Sandran told the Court of Appeal that the couple was responsible for preparing three meals a day, cleaning the canteen and grocery shopping.
He said they were allowed only two days off in a month.
Lawyer Ina Shafina Sahima, who represented the company, submitted that the couple had enjoyed flexible working hours although their contract stated it was from 5am to 8pm.
Lim, who sat with Justices Azhahari Kamal Ramli and Ahmad Kamal Shahid, rejected the argument.
Lawyer Abraham Mathews also represented the couple. Ina was assisted by Nur Syarah Syazwan Amad Saturi.
