Industrial Relations Process If Goes to Court.
April 10, 2008 at 7:05 am | Posted in HR How to, HR Issues | 13 CommentsTags: Court Case, Industrial Relations, IR Process
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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I would like to know the compensation period for wrongful dismisal. Is it from the date of termination till the last date of hearing
Comment by kamal— July 2, 2008 #
Dear Sir,
Compensation by IR Court as follows :
1) Probation period —-maximum 1 year compensation
2) Confirmed employees ——- maximum 2 years
Thanks
Comment by Jeffrey Tan— November 15, 2010 #
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
Comment by AFIFUDDIN ABDULLAH— October 3, 2008 #
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
Comment by Alex Ho— November 4, 2008 #
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
Comment by Jeffrey Tan— November 15, 2010 #
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
Comment by Jessy— February 21, 2009 #
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
Comment by rajesh wankhade— March 23, 2010 #
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.
Comment by prabaharan Malayalam— April 19, 2010 #
Dear sir,
Appeal to court of appeal within 60 days.
Thanks.
Comment by Jeffrey Tan— November 15, 2010 #
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.
Comment by prabaharan— April 20, 2010 #
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”?
Comment by sheeing— September 23, 2010 #
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.
Comment by Jeffrey Tan— November 15, 2010 #
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…
Comment by aishey— October 21, 2010 #