Industrial Court Representation

Industrial Court Representation and Disputes

The Industrial Court of Malaysia adjudicates employment disputes referred to it under the Industrial Relations Act 1967, primarily involving claims of unfair or wrongful dismissal. It also deals with trade disputes between employers and trade unions. NNTA and Co represents both employers and employees in Industrial Court proceedings at all stages.

Scope of Assistance

Unfair dismissal and wrongful termination cases
Industrial Court proceedings and hearings
Representation in dismissal without just cause or excuse claims
Trade disputes and labour union matters
Retrenchment and redundancy disputes
Constructive dismissal claims
Awards and compensation claims
Appeals and judicial review applications arising from Industrial Court awards
Settlement negotiations and conciliation

The Industrial Court Process

An unfair dismissal claim typically begins with a representation filed at the Department of Industrial Relations. A conciliation officer will attempt to resolve the matter by agreement. If conciliation fails, the Minister of Human Resources may refer the dispute to the Industrial Court. The Industrial Court then hears the matter, examines the evidence, and issues an award. The entire process from filing to award can take a number of years depending on the complexity of the case and court scheduling.

Remedies Available

The Industrial Court may order reinstatement to the former position, or where reinstatement is not appropriate, may award backwages and compensation in lieu of reinstatement. Backwages are ordinarily calculated at the rate of the last drawn salary for the period from dismissal to the date of the award, subject to applicable limits and deductions. The court also has discretion to reduce the award where the employee contributed to the circumstances of the dismissal.

Appeals from the Industrial Court

An award of the Industrial Court may be challenged by way of judicial review in the High Court on limited grounds, including jurisdictional error, breach of natural justice, or illegality. We advise clients on the merits of challenging an award and represent clients in judicial review proceedings arising from Industrial Court decisions.

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