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CHAPTER 10: INDUSTRIAL COURT - Coggle Diagram
CHAPTER 10: INDUSTRIAL COURT
The Industrial Court is a tribunal set up under the provisions of the Industrial Relations Act 1969 & embodies the principles of voluntary & compulsary arbitration
Challenging or Appealing against an award
S33B of IRA
S33A of IRA
Jurisdiction of the Industrial Court
Challenging the Industrial Court's jurisdiction
Only questioned by challenging the Minister's reference
Inthe same application ask for order of prohibition against the court
Carry out & implement the objectives of the IRA 1969
Industrial Court not a court of jurisdiction & it does not possess inherent jurisdiction like the High Court
To hear & settle complaints of unfair labor practices, representations alleging unfair dismissal & trade disputes
No extra territorial jurisdiction
IRA does not have any jurisdiction in respect of foreign employers or companies not registered in Malaysia
Functions of Industrial Court
To decide on matters corncerning interpretation of & non-compliance with collective aggreement
To draw up principles & guidelines
To take cognisance of collective agreements jointly deposited by employer & trade union
Cannot question the effacy of management
To arbitrate & adjudicate in any trade dispute & dissmisal case referred to it by the Minister
The employer retain the right to manage his business in a way he deems fit
Powers of The Industrial Court
Call in the aid of experts
Summon parties corncerned with a dispute & summon witness
Hear & determine on a dispute in the absence of their party
Join, substitute or strike off a party to a dispute
Hear cases of dismissal
Compel production of books, papers, documents & accounts
Direct & do everything necessary
Members of the Industrial Courts
President & Chairmen must have at least 7 years in the legal profession
The Registrar of the industrial court
President who is appointed by Yang DiPertuan Agong
Panel members
President & chairmen have to be legally qualified persons
Chairmen also appointed by Yang DiPertuan Agong
Composition of the Industrial Court
In the absence of a unaniomous decision, the decision of the dispute will be made by a majority of the member
Consistsof president and 6 chairmen who are in charge of a particular division
Constituted of the president & chairman alone
Industrial Court Award
The financial implications
The effect of the award on the economy of the country
Public interest
The effect of the award on the industry concerned
The probable effect in related or similar industries
Practice & Procedure at the Industrial Court
Procedure
Pleadings
Preliminary Objections
The Hearing
Notice of Proceedings
Evidence
Proceedings in the Industrial Court
Types of Cases which are reffered to the Industrial Court
By the Honourable Minister of Human Resources
Section 26 - Trade Dispute
Section 8(2A) - Victimisation
Section 20(3) - Dismissal
Direct applications to the Industrial Court
Section 33(A) - Points of law
Section 33 (2) - Variation of Award
Section 56(1) - Non compliance of Award/Collective Agreement
Section 33(1) - Interpretation of Award