April 15, 2010

Abdul Aziz B Atan & Others V Ladang Rengo Malay Estate

ABDUL AZIZ B ATAN & OTHERS V LADANG RENGO MALAY ESTATE (1985)

  • Ladang Rengo Malay Estate deals with the palm oil industry. Abdul Aziz b Atan was one of the employees of the company at that time.
  • After a few years, there had been a change of structure in the means of shareholders in the company; Ladang Rengo Malay Estate. All the shareholders transferred shares to other people and thus this create a confusion among the employees.
  • Abdul Aziz b Atan considered the employers had been changed and hence, there were changed in Employment Agreement ; where he thought their (the employees) agreement has ended (the end of employment). They claimed they have the pension benefit.

ARGUE :
  • Ladang Rengo Malay Estate rejected their wished and thus they did not want to pay the pension
  • Abdul Aziz B Atan still claimed that they have the pension benefit.
  • Any changes in structures or shareholders does not change or affect in any way of the company identity including the employment agreement.
  • Perpetual concession - stay on no matter who's the shareholders, taken into account that the company is not liquidated.
VERDICT :
  • Courts rejected Abdul Aziz b Atan & others claimed
  • Appoints that Ladang Rengo Malay Estate won.

References :
Business Law class; Lecture by Mr Sonny Zulhuda :D

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