Industrial Relations Process If Goes to Court.

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Industrial Relations Process If Goes to Court.

April 10, 2008 at 7:05 am | In HR How to, HR Issues | 4 Comments
Tags: 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 #

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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 #

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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 #

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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 #

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