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.
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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
4225503
Lecturer & Tutor: Dr. Balakrishnan Muniapan
Abstract
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 Industrial Act 1967 with relevant cases as supporting elements. In addition, this paper would also include how much I agreed on the Industrial Act that actually protects and secured the employees’ rights, whom have been unfairly dismissed by the company.
Introduction
The issues of unfair dismissal have been increasing steadily as we can see that there are more and more wrongful dismissal cases being carried out in the court nowadays. However, the rate of unfair dismissal cases may be reduced, if and only if every party has taken their preventive steps. Industrial Relations Act 1967 is an act to provide for the regulation of the relations between employers and workmen and their trade unions and the prevention and settlement of any differences or disputes arising from their relationship and generally to deal with trade disputes and matters arising therefrom (Industrial Relation Act, 1967). The Industrial Relations Act of 1967 (amended 1989) (IRA) is the applicable legislation covering the situation where the cause of dismissal was misconducted. A reasonable consideration is an essential requirement for a workman to be properly dismissed in the general thinking of the Court. Referring to IRA 1967, the meaning of “workman” is:
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
4225503
Lecturer & Tutor: Dr. Balakrishnan Muniapan
Abstract
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 Industrial Act 1967 with relevant cases as supporting elements. In addition, this paper would also include how much I agreed on the Industrial Act that actually protects and secured the employees’ rights, whom have been unfairly dismissed by the company.
Introduction
The issues of unfair dismissal have been increasing steadily as we can see that there are more and more wrongful dismissal cases being carried out in the court nowadays. However, the rate of unfair dismissal cases may be reduced, if and only if every party has taken their preventive steps. Industrial Relations Act 1967 is an act to provide for the regulation of the relations between employers and workmen and their trade unions and the prevention and settlement of any differences or disputes arising from their relationship and generally to deal with trade disputes and matters arising therefrom (Industrial Relation Act, 1967). The Industrial Relations Act of 1967 (amended 1989) (IRA) is the applicable legislation covering the situation where the cause of dismissal was misconducted. A reasonable consideration is an essential requirement for a workman to be properly dismissed in the general thinking of the Court. Referring to IRA 1967, the meaning of “workman” is:
References: K. Rose 2004, An introduction to employment contract law, viewed on 20 May 2013, http://www.canadalegal.info/prov-bc/0-ref-library/employment-law/wrongful-dismissal-bc-rk0405-01.html Industrial Relation Act 1967, 1 March 2010, viewed on 20 May 2013, http://www.aseanhrmech.org/downloads/malaysia-Industrial_relations_act.pdf Ponnudurai, A. 2013, Section 20 of Industrial Relations Act 1967- The Guiding Principles, National Human Resource Centre, viewed on 20 May 2013, http://www.nhrc.com.my/rss/-/asset_publisher/hCox5XdI5nGy/blog/id/573181 Voyager 8 2013, Know your rights: Malaysia Employment Act 1955, viewed on 20 May 2013, http://voyager8.blogspot.com/2012/04/know-your-rights-malaysia-employment.html