Industrial Court Malaysia Procedure
Pro employee or pro employer are both the misinterpreted statements because the industrial court in malaysia is a court of equity and good conscience.
Industrial court malaysia procedure. Once all cause papers have been filed by the parties the industrial court during subsequent mentions will direct the parties to file their respective bundle of documents and witness statements. The procedure for referring a question of law is also more cumbersome since the party must first get the industrial court to agree that a question of law needs to be referred. 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. Malaysia appealing against industrial court decisions.
Appeal means an appeal made to the court by a party against an order. These rules may be cited as the industrial court procedure rules 2010. Industrial court of perak tingkat 3 blok c bangunan persekutuan ipoh jalan dato seri ahmad said greentown 30450 ipoh perak malaysia. As such the court is not strictly bound by technicalities or legal form and that means they possess the freedom and flexibility in determining cases.
The reference is then made by the industrial court and not the applicant directly which means the timeline is out of control of the applicant. With effect from 1 january 2019 it is mandatory to use the efiling and eservice services in the industrial court malaysia practice note no. I filed a case at the industrial relation dept. The procedure for judicial review is set out in order 53 of the rules of court 2012.
The second schedule of the industrial relations act 1967 stipulates that the industrial court may only order back wages of up to 24 months only 12 months for probationers. 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. In shah alam we had the first meeting with an officer for unfair dismissal the officer told in the beginning that in case both parties will not reach an arrangement the case will go to industrial court and we could bring all the evidence and papers for a hearing in the court like in this link. An application for judicial review must be filed within 3 months from the date the award was first communicated to the applicant.
Industrial court of johore tingkat 10 menara tabung haji jalan air molek 80000 johor bahru malaysia. Industrial court of kuala lumpur level 14 wisma perkeso no. 155 jalan tun razak 50400 kuala lumpur malaysia.