The information about Industrial Court Jurisdiction

1. INDUSTRIAL COURT

2. DEFINITION
 The Industrial Court (the Court) is a Tribunal Non-
Departmental Public Body with statutory powers.
It was originally set up in 1919 to provide
arbitration in industrial disputes and it still carries
out this voluntary arbitration role.
 Determinations are made by panels of three Court
members appointed by the President of court and
consisting of either the President himself or the
Deputy Chairman, one member whose experience
is as a representative of employers, and one
member whose experience is as a representative
of workers. The Court is supported by a Secretariat.

3. The earliest statute that provide for Industrial
Court establishment are:
-Industrial Court Enactment 1940 (Federated
Malay State).
-Industrial Court Enactment 1940 (Kedah).
-Industrial Court Ordinance 1940 (Straits
Settlements)

4. The Industrial Court consists of :
1) A President of the Court
-Appointed by Yang Di-Pertuan Agong
-Must be legally qualified at least seven
years standing in professional practices.
2) 6 members experienced as representatives of
employers
3) 6 members experienced as representatives of
workers.
4)All members of the Court are appointed by the
Department for Employment and Learning after
consulting the Labor Relation Agency

5. Main function of Industrial Court :
1) To adjudicate on applications relating to statutory recognition of
trade unions for collective bargaining purposes, where such recognition
cannot be agreed voluntarily.
2) It also has a statutory power in relation to determining disputes
between trade unions and employers over the disclosure of information
for collective bargaining purposes.
3) Uphold social justice.
4) Creating a harmonious industrial environment through the process
of arbitration and the decisions of the Court (Award) consistent within
Industrial Relations Act 1967.
5) To hear and hand down decisions or awards in industrial disputes
referred to it by the Minister or directly by the parties.
6) To grant cognizance to the collective agreements which have been
jointly deposited by the employers/ trade union of employers and trade
union of employees.

6. Types cases heard in Industrial Court
-Dismissal of workmen which have been referred to the
Industrial Court by the Minister.
-Trade disputes between employers/trade unions of
employers and trade union of workmen which have been
referred to the Industrial Court.
-Applications by any party bound by an Award or collective
agreement for the interpretation/ amendment/ variation.
-Applications made by any party bound by an Award to refer
to the High Court on questions of law.
-Complaints of non-compliance of an Award or collective
agreement.
-Cases of victimization in connection with trade union
activities.

7. JURISDICTION OF INDUSTRIAL COURT
 To settle and hear complaints of unfair labor
practices – Section 8 of Industrial Relations Act.
- threaten the employees who join trade union
-replacing the workers who join trade union
-Refusing to engage in good-faith collective bargaining
 Representation for alleged unjust dismissal of
workmen – Section 20 of Industrial Relations Act
 Reference of trade disputes to the Industrial Court –
Section 26 of Industrial Relations Act.
- The reference is made either by the Minister of Human
Resource or on a joint request of parties.

8. JURISDICTION OF INDUSTRIAL COURT
 The Industrial Court can vary the terms of an
award or collective agreement to remove
ambiguity or uncertainty – Section 33(2) of
Industrial Relations Act.
- Once a collective agreement has been given
cognizance, parties to the agreement are bound
by its terms unless varied by a subsequent
agreement (also given cognizance by the court)
or unless varied by the Industrial Court.

9. JURISDICTION OF INDUSTRIAL COURT
 Non-compliance with the award or collective agreement.
-Section 56 IRA, allows for direct access to the Industrial
Court.
-When the employee make a complaint about unfulfilled
agreement, as agree in collective agreement the court have
to satisfy itself that the complaint concern the violation of the
award. If the is breach of contract, exercise it’s jurisdiction
under Section 56(2). If there’re no breach of contract, no
further action.
-Section 56(2),the industrial court will take action such as
directing the parties to comply, make a proper correction of
the awards or vary the special circumstances term of awards.

10. JURISDICTION OF INDUSTRIAL COURT
 Reference to High Court on question of law,
-Section 33A IRA, provides that the Industrial Court may refer to
High Court on a question of law.
-The requirement:
- Question of law arose in the course of the proceedings
-The determination by the Court has affected the award
-In the opinion of the court, it is sufficient important to merit
such reference
-Determination raises in the opinion of the court is sufficient
doubt to merit such reference.
-Industrial Court have to refer within 30 days of the date on the
award has been made. Section 33A(3).

11. JURISDICTION OF INDUSTRIAL COURT
-High Court may vary, confirm, substitute or
quash the award of the Industrial Court.
Section 33A(5).
-Decision made has the same effect as an
award of the Industrial Court. Section 33A(6).
-Decision made by High Court shall be final,
conclusive and shall not be challenged,
appealed, reviewed or quashed. Section
33A(7).

12. Hotel Equatorial (M) Sdn Bhd v. National Union
of Hotel, Bar and Restaurant Workers [1984] 1
MLJ 363
The Industrial Court had made an award binding the
parties. The Hotel applied for the question of law to be
referred to the High Court and this was dismissed by
the Industrial Court. Then, the Hotel took the matter to
the High Court where the High Court allowed the
application on certain questions but dismissed one of
them. The Federal Court heard the appeal in respect
of that dismissal had decided that to quashed the
decision of the Industrial Court on the grounds that the
Industrial Court had wrongly dismissed the application
and acted in excess of jurisdiction when adjudicated
with a question that it has no power to do so. The
Federal Court had made an order of mandamus
directing it to hear and determine the issues in
accordance with Section 33A(1).

13. JURISDICTION OF INDUSTRIAL COURT
 Claim for wages under collective agreement
 Non-payment of wages.
-The complaints made by employee
-Determine by Officer of the Labor Office under
Section 69 of Employment Act
 If relates with any terms of an award/ collective
agreement.
-Industrial Court
-Interpretation issue under Section 33 or Non-
compliance under Section 56

14. Securicor Malaysia Sdn Bhd v. Mohd Lazi bin
Katan [1989] 3 MLJ 243.
 The respondent was dismissed for
misconduct. He claimed under Section 69(1)
of the Employment Act 1955 for several
wages. A labor officer conducted an inquiry
and then made an order for the appellant to
pay sum of money to the respondent in
compliance with an award of the Industrial
Court. The High Court in regards to this matter
had decided the labor officer has no
jurisdiction to determine a claim where it
involved the interpretation or compliance with
an award or collective agreement.