Friday, July 19, 2019

Key Performance Index On Industrial Court

Press Release - Key Performance Index On Industrial Court

MTUC takes notice of YB Dato Abdullah Sani's recent address in parliment on the issue of the conduct of the presiding Chairman of the Industrial Court, in the alleged case of Mega Steel, and are shocked that the very bastion of justice ie the industrial court has abdicated its inherent jurisdiction on account of a purported compliance to the Human Resources Minister's directive.

As we are given to understand the industrial court has been put under an obligation to dispose of cases within 12 months. We appreciate the fact that workers' cases be dealth with in the shortest possible time but what is disturbing is that, in the process, due justice to the workers involved can be compromised as in the case in question.

It is, thus, our case that the industrial court ought to be given the space to act on its own withouth any interference by the Minister. There is no gain saying that circumstances, in each case, will have considerations of its own. And the Honourable Industrial Court ought to  subscribe to the higher call of social justice without fear, or favour, to politically appointed authorities. A court of social justice, the Industrial Court, cannot be even viewed as subservient to thier Minister.

 At this juncture MTUC Penang ponders whether the Industrial Court should continue to be placed under the jurisdiction of a political apppointee i.e the Minister Of Human Resources  or ought to be escalated to an independent entity. On this score MTUC Penang Division re-calls that there was a proposal, a long time ago, to migrate the Industrial Court, to be structured within a division of the High Court of Malaysia. It was expounded that, by virtue of such a migration, the Industrial Court would be vested with the jurisdiction of a court of first instance and aggrieved parties having a right to an appeal as oppossed to a process of judicial review motions as the case so prevails.

We, in MTUC Penang Division, are of the opinion that the current government ought to give serious consideration to the above said possibility. In our view such a migration would remove the notion that the Industrial Court is beholden to the executive.

In conclusion we call upon the Honourable Minister Of Human Resources to refrain from interfering with the Industrial Court's inherent jurisdiction in the disposal of cases before it.

K.Veeriah
Secretary
MTUC Penang Division
016 4184520
19.7.2019