Rajah & Tann Regional Round-Up
your snapshot of key legal developments in Asia
Issue 1 - Jan/Feb/Mar 2021
 

Amendments to the Industrial Relations Act 1967

By way of the Industrial Relations (Amendment) Act 2020 which came into force on 1 January 2021, the Industrial Relations Act 1967 (IRA) was amended, amongst others, to include:


  1. A representation by a workman regarding unfair dismissal will be referred directly to the Industrial Court unless there is a settlement between the workman and the employer. Previously, the Minister of Human Resources was empowered to decide whether the representation raised serious questions of fact or law that ought to be referred to the Industrial Court, before such reference was made.

  2. The Industrial Court is now empowered to continue with the hearing of the matter notwithstanding the death of the workman. Previously, upon the death of the workman, the Industrial Court proceedings would be disposed of.

  3. The application of interest on Industrial Court awards at the rate of 8% per annum or such lesser rate as the Industrial Court may direct. Previously, the Industrial Court had no power to make an award for interest.

  4. An unsatisfied party can now appeal directly to the High Court against an Industrial Court award. Previously, there was no avenue to appeal against an Industrial Court award, and an unsatisfied party only had recourse to judicial review proceedings.



Please note that whilst the information in this Update is correct to the best of our knowledge and belief at the time of writing, it is only intended to provide a general guide to the subject matter and should not be treated as a substitute for specific professional advice.

 

Christopher & Lee Ong
Level 22, Axiata Tower ,
No. 9 Jalan Stesen Sentral 5
Kuala Lumpur Sentral,
50470 Kuala Lumpur, Malaysia
www.christopherleeong.com


Contacts:

Yon See Ting
Partner
D +603 2278 8311
F +603 2278 8322
see.ting.yon@christopherleeong.com

Lee Hock Chye
Managing Partner
D +603 2273 1919
F +603 2273 8310
hock.chye.lee@christopherleeong.com

Fiona Sequerah
Partner
D +603 7958 8310
F +603 7958 8311
fiona.sequerah@christopherleeong.com

Lim Wee Hann
Partner
D +65 62320606
wee.hann.lim@rajahtann.com

Yau Yee Ming
Partner
D +603 2278 8311
F +603 2273 8322
yee.ming.yau@christopherleeong.com

Kuok Yew Chen
Partner
D +603 7958 8310
F +603 7958 8311
yew.chen.kuok@christopherleeong.com

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