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Chapter 10: Industrial Court - Coggle Diagram
Chapter 10: Industrial Court
implement the objectives of the IRA 1969
It is a court of arbitration designed to IRA which 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
Challenge IC jurisdiction
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 referred to it by the Minister under S26(1)& (2) and S20(3) respectively.
To take cognisance of collective agreements jointly deposited by employer and trade union
decide on matters concerning interpretation of, and non-compliance.
draw up principles and guidelines in regard to social justice in employment and industrial relations matters through awards that are handed down.
Power
Hear cases of dismissal
Summon parties concerned with a dispute and summon witnesses
Join, substitute or strike off a party to a dispute
Compel production of books, papers, documents, accounts etc.
Hear and determine on a dispute in the absence of either party
Call in the aid of experts
Direct and do everything necessary or expedient to determine speedily the dispute referred to it
Members of IC
President who is appointed by Yang DiPertuan Agong from among judges of the High Court
Chairmen are also appointed by Yang DiPertuan Agong
President & the Chairmen must have at least 7 years’ standing in the legal profession
Panel members representing the employer and workmen respectively are appointed by the Minister of HR
Registrar of the IC is responsible to the Secretary general of Minister of HR and to the President
Only the President and the Chairmen have to be legally qualified persons.
Practice and Procedure
rules of evidence and procedure are used as a guide in the presentation of evidence, statements in reply and bundles of documents
Upon receiving application the Registrar will notify the parties of the place, date and time for mention of the case before the President
parties bringing up a preliminary objection, which need to be decided by the IC before it can proceed.
The IC will hear and decide on the dispute and in the process deal with the preliminary objection
The IC cases are heard by the President or Chairman sitting with 2 panel members selected by the President, each from employer and workmen. At the hearing, the panel members do not represent one side or the other. The decision of the court is taken by the President/Chairman and the 2 members together, all 3 having equal say.
Industrial Court Award
The IC is allowed to conduct its proceedings as a court of justice and be flexible in arriving at its decision.
In making an award, the court is not restricted to the specific relief claimed by the parties or demands made by the parties.
An award of the IC may specify the period it shall be in force and may retrospective to such date which the court may award.
Should the parties to a dispute arrive at an agreement before or during the proceedings, the court may accept the agreement and hand down a consent award which bind the parties (S31)