FAQ

Reinstatement to the former employment or compensation in lieu of reinstatement and backwages.

Section 27(1) of the Industrial Relations Act. 1967, provides that in any proceedings before the Court a party may :

Where the party is a trade union, be represented by an officer or employee of the trade union.<br>Where that party is an employer, appear himself personally or be represented by his duly authorized employee or an officer or employee of the trade union of employers of which he is a member.

Where the party is a workmen (in proceedings under Section 20(3)), appear himself personally or where he is a member of a trade union of workmen, be represented by an officer or employee of the trade union.

Where the party is a trade union, or an employer, or a workman (in proceedings under section 20(3)) be represented with the permission of the President or the Chairman, by an advocate, or ,notwithstanding anything to the contrary contained in any written law relating to the registration of trade unions, by any official of an organisation (not being a trade union) of employers or workmen, as the case may be, registered in Malaysia.

Yes, the recent amendments to the Industrial Relations Act 1967 allows for 2 modes of action for aggrieved or unsatisfied parties.

The first mode (for matters referred prior to 1-1-2021) is via a judicial review where the award at the Industrial Court can be challenged at the High Court for an error of law, or the lack or excess of jurisdiction by way of certiorari.

The second mode(for matters referred from 1-1-2021 onwards) is an appeal against the entire award of Industrial Court to the High Court. This would be a re-evaluation of all the evidence and submissions of the case at the Industrial Court.

No costs need to be paid.

A workman who has been dismissed must make a representation in writing to the Director General of Industrial Relations to be reinstated to his former employment within 60 days of his dismissal. The Director General of Industrial Relations will try to resolve the matter through conciliation between the parties. If conciliation fails , the Director General of Industrial Relations will refer the matter to the Minister, who may, if he thinks fit, refer the matter to the Industrial Court for a decision.

The types of cases which are heard by the Industrial Court are as follows :

• Dismissal of workmen which have been referred to the Industrial Court by the Honourable Minister of Human Resources.

• Trade disputes between employers/trade union of employers and trade union of workmen which have been referred to the Industrial Court by the Honourable Minister of Human Resources.

• Applications by any party bound by an Award or collective agreement for the interpretation/amendment/variation thereof.

• Applications by any party bound by an Award to refer to the High Court questions of law.

• Complaints of non-compliance of an Award or collective agreement.

• Cases of victimisation in connection with trade union activities.

For dismissal cases, the case is heard by the President or Chairman sitting alone. For trade disputes, the case is heard by a panel comprising of the President / Chairman, an employer's representative and an employee's representative.

Please follow this link to access the required documents and pleadings.