Introduction
The Labour Court in Nadushalian & 4 Ors v Offimo
Marketing Sdn Bhd considered whether lorry drivers
could fall within the definition of "employee" within the
Employment Act 1955 and thus entitling them to rest day pay and
public holiday pay. Our partner, Ms. Wong Keat Ching from our
Employment & Industrial Relations practice group, was
successful in defeating the claims instituted by 5 lorry drivers
against Offimo Marketing Sdn Bhd at the Bentong Labour Court
recently. This article discusses the facts, issues and judgment of
the case.
Brief Facts
Jayabalan A/L Pichai, Vadivelu A/L Balakrishnan, Nadushalian A/L
Letchumanan, Subramaniam A/L Doraisamy and Ravisamy A/L Sinnasamy
("the Claimants") were lorry drivers who
were engaged as independent contractors in Offimo Marketing Sdn Bhd
("the Company").
