Civil servants can’t turn to Industrial Court over unfair dismissal, says judge

PETALING JAYA: The Industrial Court has ruled that it cannot provide remedy for statutory and government employees who are sacked as the tribunal is only for workers from the private sector.

Industrial court chairman K Rajeswari, who struck out the claim by former Pertubuhan Peladang Kebangsaan (Nafas) general manager Hamid Sulaiman, said the tribunal had no legal authority to entertain his dispute.

In the ruling delivered last week, she said this was pursuant to Section 52 of the Industrial Relations Act.

She said Section 52 is strictly a question of law, the answer to which lies in Section 2 on what constitutes a statutory body.

According to Section 2, she said, a statutory body is defined as an organisation appointed or constituted by written law, including local authorities.

Rajeswari said Hamid’s employer, Nafas, is a statutory body set up under the Farmers Organisation Act 1973 and established under written law.

“The employer (Nafas) is a statutory body that is not intended to function as an ordinary business corporation.

“This is also why Nafas is subject to the control and supervision of a director-general who is the servant of the agriculture ministry,” she said.

According to the facts of the case, Hamid was dismissed in October last year. He went to the Industrial Relations Department seeking conciliation but no solution was found.

The human resources minister then referred the matter to the Industrial Court for adjudication.

Hamid was appointed as general manager by the agriculture and agro-based industry minister for a two-year contract from Oct 1, 2017. He drew a monthly salary of RM29,500.

Authorities began conducting investigations after the ministry received complaints of malpractice in the Nafas board and management.

In June last year, Hamid was suspended pending investigation. A show-cause was later issued on 29 charges of misconduct leading to his termination.

He sought conciliation at the Industrial Relations Department after his appeal to the disciplinary appeal committee failed. - FMT