G-FORCE SECURITY SERVICES SDN. BHD. v GUNAHSEGERAN A/L V G BALA SUBRAMANIAM
Catchwords
Keywords G-Force Security Services Sdn Bhd v. Gunahsegeran A/L V G Bala Subramaniam [K.1] bth 9.7.2026 Employment Law — Appeal — Labour Officer — Inquiry under s 69 Employment Act 1955 — Appeal under s 77 Employment Act 1955 — Minimum wages — Statutory minimum wage — Minimum Wages Order 2022 — National Wages Consultative Council Act 2011 — Basic wages — Whether minimum wage constituted mandatory statutory minimum incapable of contractual exclusion — Whether employee’s acceptance of wages below statutory minimum defeated subsequent claim for arrears — Whether employee estopped by acquiescence, waiver, laches or approbation and reprobation from claiming statutory minimum wage — Whether statutory rights capable of being waived by agreement or conduct — Whether employer entitled to rely on deferred implementation of Minimum Wages Order 2022 — Whether deferment depended on rural location or number of employees employed — Burden of proof — Documentary evidence — Payslips and payroll records — Calculation of statutory wage arrears — Whether transport allowance formed part of basic wages — Whether EPF contributions, annual leave pay and public holiday pay could be set off against statutory minimum wage arrears — Scope of appeal — Successful party not entitled to appeal against findings in its favour — Overtime claims not subject of cross-appeal — Whether appellate court should interfere with findings of fact of Labour Officer — Social legislation — Protective employment legislation.
Judges (1)
Judgment
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Read on eJudgmentSource: eJudgment (ma-16-7-10-2025)