Major amendments to Industrial Relations Act 1967 via Industrial Relations (Amendment) Act 2020 which came into force since 01.01.2021
| No. | Description of the amendment/new provision | Before 01.01.2021 | After 01.01.2021 |
| 1 | Reference of complaints to industrial Court | s. 20(3): refer by the Minister | s. 8(2) reading together with s.20(3): Director General of Industrial Relations Department (DGIR) automatic refer if no likelihood of a settlement reached |
| 2 | Complaints also extended to cover statutory authority’s workmen as published in the Gazette | Only confine to private sectors workmen in peninsular | New s.52(3) applies to statutory body’s workmen |
| 3 | Cases for complaints not within 60 days from the dismissal | IRD could not deal with it | IRD could deal with it in-reconciliation and if no amicable settlement to resolve the case, DGIR shall refer to Industrial Court |
| 4 | If the workman/complainant/claimant dies before the award is handed down or dispute as to the date of dismissal | The claimant right in personam/dispute will diminish upon his death | New s.30(6)(b): Industrial Court can continue to hear and the deceased workman’s case and award to the next-of-kin, backwages or compensation in lieu of reinstatement or both |
| 5 | Apply for an order to appoint a Guardian under Mental Disability | New s.20(6A): Workman who suffers from mental disability, his next of kin may apply to the High Court to appoint a guardian ad litem for the workman for the purposes of reconciliation process and/or during hearing. | |
| 6 | Non compliance (subject to heavier fine) | s.56: on conviction, a fine of RM2,000 or imprisonment of not exceeding 1 year, or to both, and a further RM500 per day for continuously non compliance | Amended s.56: a fine of RM50,000 or imprisonment of not exceeding 1 year, or to both and a further RM500 per day for continuously non compliance |
| 7 | Mediation vs. Earlier Evaluation | Mediation No consideration of merit and facts of the case Earlier Evaluation By other Chairman with consent of both parties will go through facts and evidence and advice on the possible outcome of the case if the case went for the trial (by another Chairman) | |
| 8 | Challenging the Award of Industrial Court: 2 ways Before amendment effective 01.01.2021: JR to High CourtAfter amendment: Appeal to High Court (new) | Judicial Review (O.53 r3 ROC 2012) within 3 months from the Award on the ground of illegality, irrationality, procedure impropriety against the natural justice principle. R. Rama Chandran v. Industrial Court of Malaysia & Anor [1997] 1 CLJ 147 Ranjit Kaur A/P S. Gopal Singh v Hotel Excelsior (M) Sdn Bhd [2010] 6 MLJ 1 | New s.33C: Appeal to High Court (O.55 r7 ROC 2012) within 14 days from receipt of the Award, can bring in new evidence and the appellate court could re-hear, including finding new facts and made inference. |
Comparison between the 2 modes: JR vs. Appeal
| No. | Description | Judicial Review (JR) | Appeal |
| 1 | Cannot disturb with the facts findings | ✔ | s. 29 CJA 1964: Re-hearing, including facts findings & inference |
| 2 | process whether involves illegality, irrationality or impropriety | ✔ | |
| 3 | Timeframe to file & relevant law | O.53, r3, ROC 2012, 3-mth from the receipt of the Award | O.55, r7 of ROC 2012 14 days from the receipt from the Award |
| 4 | Method of filing | Ex parte Form 109, supported by affidavits verifying the facts | File Form 110 within 14 days |
| 5 | Leave | R Rama Chandran v. Industrial Court of Malaysia & Anor [1997] 1 MLJ 145 Ranjit Kaur A/P S Gopal Singh v. Hotel Excelsior (M) Sdn Bhd [2010]6 MLJ 1 | S. 67(1) CJA 1964: No leave, Form 112 HC to CA within 30 days, procedures CA Rules & Practice Directions, but note if claim <RM250k, then needs leave of CA |
| 6 | Case Law | Conflicting decisions: 2 co-ordinating HC: (1) Aneka Retail (M) Sdn Bhd v. Mahkamah Perusahaan Malaysia & Ors[2023] 1 ILR 391 (2) SG Concrete Products (M) Sdn Bhd v. Rosli Saad [2023] 1 LNS 1694 | Amer Mohideen Dawood v. Sneh Bhar w/o Ter Binder Singh [1996] 2 MLJ 329 |
| 7 | Provision of law | s.35, award after 01.01.2023 |
Disclaimer: Kindly note that the contents of this article does not in anyway, and is not intended to, constitute or a substitute for legal advice, but only for general information.
Compiled by KM TAN & TEE 21.03.2024
Major amendments to Industrial Relations Act 1967
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