Make conciliation part of court procedure in unfair dismissal cases, says lawyer

 

Currently it takes six to eight months for complaints to be referred from the director-general of industrial relations to the Industrial Court. (Facebook pic)

KUALA LUMPUR: 

A senior lawyer has proposed integrating the conciliation process into the Industrial Court system to expedite the resolution of unfair dismissal cases.

Muhendaran Suppiah said that under the current system, it takes between six and eight months for a complaint to be referred from the director-general of industrial relations to the Industrial Court.

“This process can be shortened if the conciliation process is made part of the Industrial Court system,” he said during a talk at a conference organised by the Selangor Bar Committee here today.

Muhendaran, who spoke for the employees, said the workers should file complaints directly with the court to streamline the process and save time.

Conciliation is currently handled by industrial relations officers after employees file unfair dismissal claims within 60 days of termination, as required under Section 20 of the Industrial Relations Act 1967.

Muhendaran said the cases will be referred to Putrajaya if officers are unable to resolve the dispute at the conciliation stage.

“Putrajaya may also call for further conciliation to ascertain if the dispute could be resolved. If the conciliation fails, only then does the director-general refer the unfair dismissal complaint to the court,” he added.

In response, T Thavalingam, who represented the views of employers, said the court could proceed with a trial if mediation efforts fail.

“I suggest court assistant registrars be deployed to handle mediation, apart from the chairmen,” he added.

However, Thavalingam said that expanding the conciliation process within the court system would require more Industrial Court chairmen and additional support staff to manage the increased workload.

The Industrial Court has the discretion to either uphold the dismissal, reinstate the employee with back wages or order compensation in lieu of reinstatement, after hearing the case.

Court of Appeal judge Collin Lawrence Sequerah, who delivered the keynote address at the conference, urged participants to learn from experienced speakers, who included judges, sharing their expertise on employment law.

The judges scheduled to speak are Justices Anand Ponnudurai, Atan Mustafa Yusof Ahmad and Sumathi Murugiah. -FMT