Completed Case Law And Refences
GROUP OF COMPANY
Hotel Jaya Puri Sdn Bhd v National Union Bar & Restaurant Workers & Anor
In this case, it was related to a bar that operated in a hotel and the workers of the restaurant in the hotel. The restaurant in the hotel is Jaya Puri Chinese Garden Restaurant Sdn Bhd. While the restaurant have no business and does not earn profit, the hotel managed to close down the restaurant. So, the restaurant workers are cut down and there are some workers of the restaurant were retrenched when the restaurant is closed down. The company was wholly owned subsidiary of Hotel Jaya Puri whose premises the restaurant is operate in this hotel. Therefore, the restaurant is under the Hotel Jaya Puri, the workers of the restaurant are also the workers of the hotel. While the hotel is still operating, and the workers is consider fired by the hotel. In order to the contract, the hotel is order to pay compensation to these workers, because some of these workers are using their 20-30 years to work for the restaurant.
Held: The court held that the hotel had to pay the compensation to the fired workers of the hotel. It is because the hotel and the restaurant were inter-dependent, means that the senior of the officers were common to both the hotel and the restaurant. The hotel is the employer to the employees of the workers. In last, the hotel and the company should be seen like one entity.
AGENCY
Smith, Stone & Knight Ltd v Birmingham Corporation
In this case have two issues need to consider by the court. First, the Birmingham Waste Co Ltd (BWC) is an agent for the Smith, Stone & Knight Ltd (SSK) and the parent company was entitled to compensation. Birmingham Waste forcibly occupy the premises which is owned by the Smith, Stone & Knight, because Birmingham Waste want to operate business, it is waste paper business. Moreover, Birmingham Waste was a subsidiary company of the Smith, Stone & Knight. The Birmingham Corporation want to take the premises that owned by Smith, so
Hotel Jaya Puri Sdn Bhd v National Union Bar & Restaurant Workers & Anor
In this case, it was related to a bar that operated in a hotel and the workers of the restaurant in the hotel. The restaurant in the hotel is Jaya Puri Chinese Garden Restaurant Sdn Bhd. While the restaurant have no business and does not earn profit, the hotel managed to close down the restaurant. So, the restaurant workers are cut down and there are some workers of the restaurant were retrenched when the restaurant is closed down. The company was wholly owned subsidiary of Hotel Jaya Puri whose premises the restaurant is operate in this hotel. Therefore, the restaurant is under the Hotel Jaya Puri, the workers of the restaurant are also the workers of the hotel. While the hotel is still operating, and the workers is consider fired by the hotel. In order to the contract, the hotel is order to pay compensation to these workers, because some of these workers are using their 20-30 years to work for the restaurant.
Held: The court held that the hotel had to pay the compensation to the fired workers of the hotel. It is because the hotel and the restaurant were inter-dependent, means that the senior of the officers were common to both the hotel and the restaurant. The hotel is the employer to the employees of the workers. In last, the hotel and the company should be seen like one entity.
AGENCY
Smith, Stone & Knight Ltd v Birmingham Corporation
In this case have two issues need to consider by the court. First, the Birmingham Waste Co Ltd (BWC) is an agent for the Smith, Stone & Knight Ltd (SSK) and the parent company was entitled to compensation. Birmingham Waste forcibly occupy the premises which is owned by the Smith, Stone & Knight, because Birmingham Waste want to operate business, it is waste paper business. Moreover, Birmingham Waste was a subsidiary company of the Smith, Stone & Knight. The Birmingham Corporation want to take the premises that owned by Smith, so
References: 1. Directors’ Personal Liability for Corporate Fault : A Comparative Analysis, Helen Anderson, Kluwer Law International 2008, 2. http://syarikat.tripod.com/essential1.htmal 3. Concise Corporations Law, Julie Cassidy, Federation Press, 2006 4. http://www.uniset.ca/other/pollypeck/19394AER116.html 5. The Law Relating to Corporate Groups, Micheal Gillooly, Federation Press, 1993 6. http://www.australianasbestosnetwork.org.au/Asbestos+History/The+Battles/Battling+CSR/default.aspx 7. http://www.llrx.com/features/veildoctrine.htm 8. http://www.lawteacher.net/business-law/essays/lifting-the-corporate-veil-section-law-essays.php