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SPECIAL TRIBUNALS (INDUSTRIAL COURT (TYPES OF CASES (Trade disputes…
SPECIAL TRIBUNALS
INDUSTRIAL COURT
ADMINISTRATION
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Roles
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To act in accordance with equity, good conscience and substantial merits of the case
Function
To hear and hand down decisions or awards in industrial disputes referred to it by the Minister or directly by the parties
To grant cognisance to the Collective Agreements which have been jointly deposited by the employers/ trade union of employers and trade union of employees
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REMEDIES*
If conciliation unsuccessful, Minister may refer dispute to the Industrial Court
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Industrial Relations Department conducts conciliation, assists the parties to find a solution to the dispute
armed with the jurisdiction to decide upon complaints of dismissal which are alleged to be without just cause or excuse
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MARTIAL COURT
JURISDICTION*
Civil Offence’ means any act or omission punishable by the law of the Federation; or which, if committed in the Federation, would be punishable by that law
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provides the Martial Court the jurisdiction to try any person subject to service law for any offence which is triable by court- martial
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COURT MEMBERS
Eligibility
The officers may appoint other members to be in the Court Martial (Army, Navy or Air Force), but the officer shall belong to the same service
In the event where the previous officer is not available, it is acceptable to appoint members from different service but must have the requisite qualification and the consent of the other service
Quorum
Section 105(4), in the advent of a hearing with the quorum for court of five members or more
Section 105(5), in the advent of a hearing with the quorum for court of less than five members the Presidents shall be above the rank of major or its equivalent
Ranks & the accused
Section 105(7) - if the accused is or above the rank of Colonel, the President shall be or above the rank of Colonel. Moreover, the other members shall be or above the rank of Lieutenant-Colonel.
Section 107(8) - if the accused if or above the rank of Lieutenant- Colonel, at least two members (other than the President) shall be or above the rank of Lieutenant-Colonel
Section 105(6) - if the accused is or above the rank of brigadier- general, the President shall be or above the rank of the accused. Furthermore, the other members shall be or above the rank of Colonel
CONVENING AUTHORITIES
Section 104(1) - The Martial Court may be convened by qualified officer authorised by the Yang Di-Pertuan Agong or any officer under the command of an officer authorised by Yang Di-Pertuan Agong
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COURT DECISION
Section 112(1) - The decision of the court-martial will be made by votes of the majority of the court members. In the event when the votes are equal, the court-martial shall then acquit the accused as by virtue of Section 112(2)
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LABOUR COURT
BACKGROUND
to make available a labour justice system that is fair, simple, swift and economical to resolve workers' demands regarding wages and other financial benefits that can be claimed by them.
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JURISDICTION*
included in any category in the 1st Schedule of the Employment Act 1955 to the extent specified therein
In respect of whom the minister makes an order under Sub-section 2(3) or Section 2A of the Employment Act 1955
POWERS
inquire into and confirm or set aside any decision made under section 14(1) of the Employment Act 1955
charge interest at the rate of 8% or less per annum calculated commencing on the 31st day from the date of order of the Labour Court until the day the order is satisfied.
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take prosecution action against an employer for failure to comply with any decision or order of the Director-General which upon conviction
inquire into and decide any dispute between an employee and his employer in respect of wages and other payments under
APPEAL
The party dissatisfied with
the decision of the Labour Court may appeal to the High Court within 14 days of receiving the decision.
ADDITIONAL POWER*
an employee earning not more than RM2,000 a month and/or a labourer without pay limit may make a claim at the Labour Court.
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