336 unfair dismissal cases in first three months, says ministry

File pictures shows workers cleaning windows at a commercial building in Kuala Lumpur. — AFP pic

KUALA LUMPUR, Sept 13 — Three hundred and thirty-six cases related to unfair dismissal were brought to the Industrial Court for the first three months of this year.

Court of Appeal judge Datuk Umi Kalthum Abdul Majid said statistics provided by the Ministry of Human Resources showed that 384 cases were brought to court, of which 336 cases were related to unfair dismissal.

“In terms of awards, and up to March this year, the sum of RM1,903,359 was awarded for back wages, RM737,159 for compensation in lieu of reinstatement, and together with other awards, the total was RM5,473,095.

“This gives the impression that the employers underestimated the importance of industrial relations, employment and labour laws. Employers remain mostly in the dark, over the right procedure to be taken before an employee can be dismissed from employment.

“This is despite the fact that industrial relations, employment and labour laws of Malaysia have been with us for many years, for instance, the Industrial Relations Act was enacted in 1967, and the Employment Act was enacted in 1955,” she said.

Umi Kalthum said this in her keynote address at the 13th MECA Industrial Relations Convention 2017 here today.

The three-day convention brings together top Human Resources and legal experts in the country to deliver a series of informative topics.

Elaborating further, she said 1,226 cases related to unfair dismissal were also brought to the Industrial Court last year.

“In 2016, cases brought to the Industrial Court were an astounding 1,340, out of which 1,226 related to unfair dismissals. This figure of 1,340 is an average of approximately 112 new cases per month.

“Additionally, in 2016, 994 cases were settled by the Industrial Court, out of which 869 related to unfair dismissal. In terms of awards for 2016, a sum of RM9,524,058 was awarded as back wages and RM2,849,508 as compensation in lieu of reinstatement and together with awards, the total was RM21,841,008,” she added.

Umi Kalthum said when an employee considered that he or she had been dismissed without just cause or excuse by their employer, they could file a representation under Section 20 of the Industrial Relations Act 1967 at the nearest Industrial Relations Department.

“This department has the duty of reconciling any differences between the employer and employee with the aim to arrive at a settlement between the parties such that the matter ends at this stage without the need to proceed further,” she said.

Earlier, she launched a book titled, ‘A Practical Guide To The Industrial Relations Act 1967’, written by T.Balasubramaniam. — Bernama

Original article: http://www.themalaymailonline.com/malaysia/article/336-unfair-dismissal-cases-in-first-three-months-says-ministry#Kx8wZDIAYU3HUv8y.97