The Official Website of
Ministry of Human Resources

The following questions are commonly asked by website visitors of Industrial Court of Malaysia. If you have any other questions, please call us at +60392365000 or email us at mpm (AT) mohr (DOT) gov (DOT) my

Q1 : What is the remedy awarded in the case of dismissal?
A1 : Reinstatement to the former employment or compensation in lieu of reinstatement and backwages.

Q2 : Who can represent me in the Industrial Court?
A2 : Section 27(1) of the Industrial Relations Act. 1967, provides that in any proceedings before the Court a party may :

ArrowWhere the party is a trade union, be represented by an officer or employee of the trade union.
ArrowWhere 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.
ArrowWhere 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.
ArrowWhere 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.

 

Q3 : Can there be an appeal against the decision of the Industrial Court?
A3 : No. An award of the Court is final and conclusive. However it can be challenged at the High Court for an error of law or lack or excess of jurisdiction by way of certiorari.

Q4 : Is there any costs to be paid if a matter is referred to the Industrial Court?
A4 : No costs need to be paid.

Q5 : How can a workman, who has been dismissed have his matter referred to the Industrial Court?

A5 : 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

Q6 : What types of cases are heard by the Industrial Court?
A6: The types of cases which are heard by the Industrial Court are as follows :

ArrowDismissal of workmen which have been referred to the Industrial Court by the Honourable Minister of Human Resources.
ArrowTrade 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.
ArrowApplications by any party bound by an Award or collective agreement for the interpretation/amendment/variation thereof.
ArrowApplications by any party bound by an Award to refer to the High Court questions of law.
ArrowComplaints of non-compliance of an Award or collective agreement.
ArrowCases of victimisation in connection with trade union activities.

 

Q7 : Who conducts the hearing at the Industrial Court?
A7 : 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 representive and an employee’s representative.

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