Alternative Approach For Resolving Dismissal Disputes In Malaysia
The current Judicial Review and appeal processes are blatantly expensive. In some situation, the judicial review process might be abused. Employers with great resources can seek recourse to challenge the Industrial Court’s decision by way of judicial review followed by appeal. An employee who lost t...
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| Format: | Thesis |
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2020
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| Summary: | The current Judicial Review and appeal processes are blatantly expensive. In some situation, the judicial review process might be abused. Employers with great resources can seek recourse to challenge the Industrial Court’s decision by way of judicial review followed by appeal. An employee who lost their job is ill afford of such legal costs and fees charged by lawyers. Furthermore, such processes will prolong the litigation process as references by Minister of Human Resources is subjected to challenge by judicial review and appeal. After that, the matter will either be remitted to the Industrial Court to be adjudicated upon or dismiss. The merits of the dispute will only be entertained after all the hassles. This clearly defeats the intent of Industrial Relations Act 1967 of providing swift redresses to the poorly dismissed workmen and causing the practicability of remedy of reinstatement to be tarnished. This research is conducted by qualitative research method being the content analysis. It is a doctrinal based research by conducting library-based research and through interviews on the principle office bearers of the officials of this area of law. |
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