Workplace Dispute Resolution In Malaysia: The Quest For Organisational Justice

Eden, Dzulzalani and Van Gramberg, Bernadine (2015) Workplace Dispute Resolution In Malaysia: The Quest For Organisational Justice. Malaysian Labour Review, 11 (2). pp. 107-122. ISSN 1985-1952

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Abstract

The Industrial Relations Act 1967 (IR Act 1967) is the principal piece of legislation that regulates the industrial relations system in Malaysia, in particular the relation between employers and employees and their trade unions which include mechanisms for dispute resolution. There are two types of disputes under the Act, namely trade disputes and disputes over dismissal. Of particular interest in this study are the provisions for dispute resolution through the use of conciliation under Section 18 in respect of trade disputes and Section 20 for claims for reinstatement (unfair dismissal). Trade disputes can be referred by: the employer or their trade union; or the trade union of employees, which is a party to the dispute; or by the Director General of Industrial Relations Malaysia in the public interest, when the dispute is not likely to be settled by negotiation. In addition, the Minister of Human Resources is empowered to refer any dispute for adjudication by the Industrial Court. However, for disputes over dismissal, it is the claimants who would normally institute their claims for reinstatement under Section 20 (1) of the IR Act 1967.

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