Question

An industrial relations dispute is a difference of opinion resulting in a dispute between the employers with workers or trade unions. There may be a disagreement on rights, conflicting interests, a dispute over termination of employment, or a dispute among trade unions within one enterprise that could be caused by differences in implementation or interpretation concerning the laws and regulations, work agreements, company regulations or the collective bargaining agreement. Assess preliminary steps or alternative solutions that should be taken before taking the cases to the Industrial Court in Malaysia.

(25 marks)

(**It is Law subject name "Employment Law and Industrial Relation 1955")

Answer 1

Assess preliminary steps or alternative solutions that should be taken before taking the cases to the Industrial Court in Malaysia.

An Labor Relations Conflict is a divergence in opinion that ends in a confrontation between employers or an employers' organization with employees or labour unions. Perhaps there is a dispute on rights, conflicting interests, a dispute over termination of employment, or a dispute within one company between trade unions that may be caused by differences in implementation or interpretation of laws and regulations, labor agreements, company regulations, or collective bargaining agreement. Any disagreement listed above will usually be turned over to the Court of Industrial Relations in Malaysia. However, certain intermediate measures or possible approaches may be provided through bipartite dialogue, mediation , conciliation, before the cases are put before the Tribunal. Another route to decide is by arbitration. Judgments on arbitration are definitive and binding in Malaysia. The arbitral tribunal, as per the Act, becomes binding once it is enforceable on those parties who refer the disputes to the arbitrator. An arbitration award for which notification has been issued shall be binding on the disputing parties. A agreement within the meaning of the act in Malaysia is binding on the parties and remains in force if other agreement alters the same.