HR Malaysia

Industrial Relations Process If Goes to Court.

Posted on: April 10, 2008

So you have an employee is seeking damages for unlawful dismissal which your company is not willing to pay. Reconciliation effort has not been successful. The employee bring this matter to the Industrial Court. You never face such a a case before but not to worry. I have summarize some of the process of IR if the case does go to court.

Processes

1) Employee write in to the Director General Industrial Relations Department to make a representation within 60 days of dismissal.

2) The Director General Industrial Relations will try to resolve the case through conciliation by inviting both the employer and employee for a meeting.

3) The conciliation officer will explain the principles and practices law that are applicable including judgment of the courts, both the Industrial Court and civil courts, so that both parties are aware of their rights and liabilities.

4) If there is a failure to resolve the case through conciliation, the Director General Industrial Relations will then refer the case to the Minister of Human Resources, who will refer the matter to the Industrial Court for adjudication and for an award if he thinks fit.
Unlawful dismissal case cannot be brought directly to the Industrial Court. This type of case must be referred to the Industrial Court by the Minister of Human Resources.

5) The Industrial Court upon the matter being referred to by the Minister of Human Resources, then goes to consider whether the termination of employment is unlawful or whether it is justified.

6) Where the Industrial Court rules that the termination is unlawful, the Court then makes an “Award” to reinstate you to your former position or in lieu awards proper compensation.
The normal remedies in a cases of dismissal is the reinstatement into your former employment and award of back waged from dismissal date to the final date of hearing

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16 Responses to "Industrial Relations Process If Goes to Court."

I would like to know the compensation period for wrongful dismisal. Is it from the date of termination till the last date of hearing

Dear Sir,

Compensation by IR Court as follows :

1) Probation period —-maximum 1 year compensation

2) Confirmed employees ——- maximum 2 years

Thanks

I’m doing an assignment on the topic – ” In order to minimise industrial disputes at workplace, the best solution is to ensure a harmonious working environment at workplace. This objective can only be achieved through joint efforts between the Government, employers, employees and their trade unions.” Where can I get past issues or how to access previous news paper cutting/relevant website? Tq

Dear Sir,

I wish to refer my curent situation and required much of your assistance and help.
I’m a sales manager in the company and earning above RM 5,000. I’m currently still in service with my company and my salary is currently in 2 1/2 months arrears and at times coming to three months. Due to this I’ve taken the action to resign. The problem which I’m facing now is that, the company are not willing to pay back my monthly overriding commission and it have been oustanding since January this year. The award of commission were stated in my appoitment letter and was part of the package offer by the company to me however the rate of the overriding was in separate sheet.

Question:
Can the company choose not to pay back my overiding commission??

Where and what assistance can I look for now inorder to collect back my commission???

I choose to resign because of my financial difficulty since the salary have been frequently delay since January this year and with my resignation, will it affect my claims on my comission???

Where is the nearest IR office which I could seek for assistance within Shah Alam.

Your help on the matters is very mush appreciated and I really do required your reply soonest

Dear Sir,

The Company delay and refused to pay your commision as stated in your appoinment letter you may proceed with actions as stated below.

1) File a complaint to Labour Department about your salary and commisions due to you.

2) File a complant to IR department for constructive dismissal

Thanks

Dear all,

I have tender my resignation at the beginning of the month however my manager refused to release me instead he threaten that he can always backdated my employmnet confirmation.

Please always.

Thanks

Jessy

Respected sir
i am student of mba & iwant information about means
how to u menteion the idustreal relation with employee or outside
plz suggest me

If the industrial court make an award for the case favouring the employer, if the employee would like to appeal to the deciosion made by industrial court, where can employee resort to and what is the stutory perioad required for the appeal.

Dear sir,

Appeal to court of appeal within 60 days.

Thanks.

The industrial court has passed the awards in favouring the employer. and now the employee would like to appeal to the decision. my question, where can he resort the next action and what is the statory period required to appeal after the award made.

A friend of mine is facing unlawful dismissal during pregnancy. After she’s been advised that “The normal remedies in a cases of dismissal is the reinstatement into your former employment”, she is doubt of pursuing the case. The main reason is the relationship between her & the employer has been damaged due to unlawful dismissal, she afraid that she may have difficult time with the employer after reinstatement.
Q1) Can she opt for compensation instead of reinstatement?
Q2) Why is “The normal remedies in a cases of dismissal is the reinstatement into your former employment”?

Dear Mdm,

IR Court is meant for reinstatement unless if you are not fit to the company anymore which the court look at it you will be compensated. If you are reinstated back your former position, you will be also compensated on your back wages.

Thanks.

hye..

i really need ur feedback..
i was employed by a legal firm on 20th September 2010 as a paralegal. on 19th october 2010, they terminate my contract on the basis of unsatisfactory performance with refer to the termination letter. when i ask them why..because i minta cuti today (19-10-2010)??? they said, yes..

refer to clause 11 of the contract said that:

” during your contracted period of service, or if u r employed on permanent basis, during the probation period thereof, either party may terminate this appointment by giving fourteen days notice to the other party…”

they give me termination letter about 6.30pm on 19-10-2010, stated there that they terminate me by giving this 14days letter.”As such, you shall be officially working with us until 1-11-2010…then,they said that:

…in view of Clause 11 of the contract, we shall pay u ur salary in lieu of the 14days notice. thus, ur last day of service with us is today, ie 19-10-2010 and enclosed the cheque…

my question is that: do u think it is fair for me??
it seems that they juz give me 24hr notice, but juz pay me 14days salary…

If a Company fails to contribute EPF (both portions) for consecutively 4-5 months, what is left for the staff to do? Can they claim for constructive dismissal?

Need your advise

Hi, i work in an investment bank as a capital market representative (previously known as dealer representative) carrying the duty as a ‘force-sell dealer”. I have been transferred the library forcefully after an incident happen whereby a remisier who was not happy that i had call him to remind him of his client T+4 outstanding position. My call was a plainly a courtesy call as it is part of the duty assigned to the force sell dealers. The remisier had written a nasty complaint letter, assaulted my moral and dignity to the CEO. And a copy of the letter was sent to my immediate boss. My immediate boss advice that i write a letter explaining the actual scenario, and i had demand the remisier to apologies for attacking my dignity as i was merely carrying my duty or i shall make a police report against him.
I was called by the HR to have a meeting pertaining to the issue,. Meeting attended by HR head and 2 acting head of the department as my previous boss has left the company. Here the HR head said it was normal to hear four letter, vulgar words in the industry. Instead of backing me, she said i must consider that the remisier brings business to the bank, the issue will cause remisiers to leave the bank and join other organization.They keep pushing me to withdraw my intention to make a police report against the remisier. She also promised that neither my job, bonuses or increment will not be jeopardized.
My bonus and increment was lower than those people whose KPI was below par. And Just few months i was forcefully transferred to the library, when my desktop was remove from my work desk without my knowledge and i do not know of its where about. I asked my new boss reason for my relocation, why am i asked to work in the library when i am a licenced person who should be doing job related to dealing, the answer given was : u sit in the library and think why are you there. Also words like : if you are not happy you may resign. March this year bonus were paid and i did not get any.
I brought the matter to compliance but the officer laughingly said something like ok la tu and the matter ends there, when this is a breach of Bursa Malaysia rule and SC guideline.
I wish to know if i can seek the IR court to give justice as i am victimized only because i was carrying my duty.

Hi, i work in an ib as a capital market rep (previously known as dealer rep) carrying the duty as a ‘force-sell dealer”. I have been transferred the library forcefully after an incident happen whereby a remisier who was not happy that i had call to remind him of his client outstanding T+4 position. The phone call was plainly a courtesy call as part of the duty assigned to the force sell dealers to ensure remisier aware that the have an outstanding position to clear. The remisier had written a very nasty vulgar complaint letter, assaulting my moral and dignity to the CEO. And a copy of the letter was sent to my immediate boss and a copy was given to me (without putting it in a envelope). Many have read it before the letter reached me.
My immediate boss advice that i write to the CEO explaining the actual scenario. And in the same letter i demanded the remisier to apologies for attacking my dignity as i was merely carrying my duty or i shall make a police report against him.
I was called by the HR to have a meeting pertaining to the issue,. Meeting attended by HR head and 2 acting head of the department as my previous boss has left the company. Here the HR head said it was normal to hear four letter, vulgar words in the industry. Instead of backing me, she said i must consider that remisiers brings in business to the bank, the issue will cause the mentioned remisier to leave the bank and he may also persuade other remisiers to leave and join other organization.They keep pushing me to withdraw my intention to make a police report against the remisier. She also promised that neither my job, bonuses or increment will be jeopardized.
While the matter unsolved there was bonus given and both my bonus and increment was lower than those with KPI below par.
Few months later i was forcefully transferred to the library, my desktop was remove from my work desk without my knowledge, my dealer password were reset, and i was stop from conducting the duty. I asked my new boss reason why am i asked to work in the library when i am a licenced person who should be doing job related to dealing, the answer given was: u sit in the library and think why are you there, if you are not happy you may resign.
I brought the matter about my being a licensed person but not doing the job i am supposed to be doing, to the head of compliance and also a senior manager compliance, but the SM laughingly said something like ok la tu and the matter ends there, when this is a breach of the Bursa Malaysia rule and SC guideline.
March this year bonus were paid and i did not get any. I asked my boss why i didn’t i get the bonus, he said my performance is below par. How did he evaluate me, i asked as i am a licensed person and the same time i am also doing the duty of a librarian, yet i am not performing, he said if i am not happy i may leave/resign. Many times i was asked to leave if i am not happy.
I wish to know if i can seek the IR court to give justice as i am victimized only because i was carrying my duty.

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