Please enable JavaScript.
Coggle requires JavaScript to display documents.
Chapter 10: Industrial Court - Coggle Diagram
Chapter 10: Industrial Court
What is Industrial court?
The Industrial Court is a tribunal set up under the provisions of the Industrial Relations Act 1969 and embodies the principles of voluntary and compulsory arbitration.
Primary objective is to carry out and implement the objectives of the IRA 1969
Jurisdiction of IC
The IC is not a court of jurisdiction and it does not possess inherent jurisdiction like the High Court
It is a court of arbitration designed to carry out and implement objectives of the IRA is to provide for the regulation of relations between employer, workmen and their trade unions
The IC has the jurisdiction to hear and settle complaints of unfair labor practices, representations alleging unfair dismissal and trade disputes
The IC does not possess extra territorial jurisdiction
Challenging the IC jurisdiction
The jurisdiction of the IC can only be questioned by challenging the Minister’s reference.
A party to a dispute who wishes to contend that the IC does not have jurisdiction to hear any inquiry must seek to quash the Minister’s reference and in the same application ask for order of prohibition against the court.
Function of IC
To arbitrate and adjudicate in any trade dispute and dismissal case
To take of collective agreements jointly deposited by employer and trade union
To decide on matters concerning interpretation of, and non-compliance with, collective agreements or awards
To draw up principles and guidelines in regard to social justice in employment and industrial relations
Power of the IC
S29 of IRA
S30(1) of IRA
S30(6) of IRA
S30(7) of IRA
Members of IC
President & Chairmen appointed by Yang-Dipertuan Agong
Panel members representing the employer and workmen respectively are appointed by the Minister of HR after consultations with the organizations representing employers and workmen, to assist in the court.
The Registrar of the IC is responsible to the Secretary general of Minister of HR and to the President
Representation at the IC
Where the party is a trade union, be represented
by an officer or employee of the trade union
Where the party is an employer, appear himself personally or be represented
by his duly authorised employee, or by an officer or employee of a trade union of employers
Where the party is a workman, appear himself personally or where he is a
member of a TU of workers, be represented by an officer or employee of the TU
Where the party is a trade union or an employer, or a workman, be represented with the permission of the President or the Chairman, by an advocate or by an official of an organization of employers or of workmen, registered in Malaysia.
Practice and procedure at IC
Notice of proceedings
Preliminary objections
Procedure
Pleadings
The hearing
Evidence
Section
Industrial court award S30(4)
Parties bound by an award S32(1) of IRA
Challenging or appealing against an award, S33B and S33A or IRA
Type of case which refer to IC
By honourable minister of HR
– Section 20(3) Industrial Relations Act 1967 (Dismissal)
– Section 26 Industrial Relations Act 1967 (Trade Dispute)
– Section 8(2A) Industrial Relations Act 1967 (Victimisation)
Direct applicant to IC
– Section 56(1) Industrial Relations Act 1967 (Non Compliance of Award/Collective Agreement)
– Section 33(1) Industrial Relations Act 1967 (Interpretation of Award/ Collective Agreement)
– Section 33(A) Industrial Relations Act 1967 (Points of law)
– Section 33(2) Industrial Relations Act 1967 (Variation of Award/Collective Agreement)