Section 20, Industrial Relations Act 1967 Protects Workmen in Malaysia from Unfair Dismissal. to What Extent Do You Agree? Support Your Arguments with Relevant Recent Cases.

3128 Words Jun 3rd, 2013 13 Pages

HBH324N Managing Workplace Relations
Sem 1, 2013

Individual Essay

Question 8
Section 20, Industrial Relations Act 1967 protects workmen in Malaysia from unfair dismissal. To what extent do you agree? Support your arguments with relevant recent cases.

Wilson Ung Yu Siong

Lecturer & Tutor: Dr. Balakrishnan Muniapan

This paper will be offering an overview of rights of an employee while encountering unfair dismissal by the company within the Context of Malaysian Industrial relations. Unfair dismissal cases are strongly supported by Section 20 of Industrial Act 1967 that protects the workmen in Malaysia. Throughout this report, there will be a deep analysis on the Section 20 of
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(2) Upon receipt of the representations the Director General shall take such steps as he may consider necessary or expedient so that an expeditious settlement thereof is arrived at; where the Director General is satisfied that there is no likelihood of the representations being settled, he shall notify the Minister accordingly.
(3) Upon receiving the notification of the Director General under subsection (2), the Minister may, if he thinks fit, refer the representations to the Court for an award.
(4) Where an award has been made under subsection (3), the award shall operate as a bar to any action for damages by the workman in any court in respect of wrongful dismissal.
(5) This section shall not apply to the dismissal of a workman in circumstances arising out of a contravention of section 59 where proceedings have been commenced before a court in respect of an offence under section 59 (1); where, while proceedings are pending under this section, proceedings arising out of the same dismissal are commenced before a court in respect of an offence under section 59 (1), the proceedings under this section shall not be proceeded with further.
(6) In any proceedings under subsection (2) -
• (a) an employer may represent himself or be represented by his duly authorized employee or, where he. is a
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