RegisterLog In

Industrial Court For Reinstatement

Leafy
Member
Fri, 20 Oct 2017 09:49:05 AM  (Last updated: Sun, 22 Oct 2017 09:42:43 AM)

I have a lot of questions about the process hopefully someone can help me answer a few. I have completed the Borang Maklumat Perayu, Seksyen 20, Akta Perhubungan Perusahaan 1967, as well as the Representation for reinstatement Into Former employment.    I provided copies of my all paper work pertaining to the case such as: contract, suspension letter, domestic inquiry letter, termination letter and other documents connected to the case.  

In the Pamphlet of the Department of Industrial Relation Core Services of the Department  ( I was given 3 different pamphlets) in one of them it states : To response to every representation, complaints and industrial disputes cases within 3 days from the date of receipt.  The other pamphlet does not state this????   When am I to hear from them?  3 days? 14 days? When I went yesterday they said I would get a letter yesterday, no letter has been received.  Where will the hearing be held? In KL?  I am not anywhere close to KL.  

Also I would like representation.  I found this online at http://www.malaysianbar.org.my/committee/icpc_frequently_asked_questions.html#a01 

Q. Can I be represented at the Industrial Court?  I need representation because I cannot make any since of any of it and am overwhelmed in frustration.  
A. Yes. The employer and the employees may seek representation at the Industrial Court. They may represent themselves or be represented by officers of a trade union of employees or employers. They may also be represented by Advocates & Solicitors. However, representation by an Advocate & Solicitor is only with the permission of the President of the Industrial Court. Parties desiring representation by Advocates & Solicitors are required to fill up Forms A and B to apply for permission from the President. Normally permission is not refused unless there are valid objections from the opposing party. 

I am reading and rereading all of the information from all the different website and my head is spinning, I cannot make any understanding of it. 

I was also treated so poorly by my employer that I don't think reinstatement would be a good choice for either parties.  What would my next steps be and who should I be contacting? Thank you 

mdkamil
Contributor
Fri, 20 Oct 2017 03:51:40 PM

When a workman's employment is being terminated, and he/she believes it was wrongly done, the common avenue to address the matter is by filing a case for reinstatement at the nearest Industrial Relations Department under Section 20 of the Industrial Relations Act 1967 which you have rightly done. As soon as possible the IR Officer will call both parties (employee & employer) to attend a conciliation session at the IRD office where you filed the case to find amicable settlement. (This session may be held within 4 to 6 weeks from the date of your filing of case).

What happen at the conciliation session is -

1. With all parties in presence, the IR Officer will request the employer to explain the reasons why the employee was terminated.

2. After the employer has given his reasons and evidences etc, the IR Officer will request the employee to answer and give the reasons why he/she believes the employer was wrong in making decision to terminate him/her.

3. After that, the IR Officer will again ask the employer if he has other statement to counter the employee's statement.

4. Then the IR Officer will request the employer to wait outside the room, and the IR Officer will discuss with the employee on the possible settlement if the employer decide not to reinstate the employee.

5. After that the IR Officer will request the employee to wait outside, and the IR Officer will call the employer in to ask the employer's decision on the employee's request for reinstatement; and the employer's recommendation for settlement if reinstatement is not possible. The IR Officer will also tell to the employer what the employee expects if reinstatement is not agreed by the employer.

6. Then the IR Officer will call the employee back inside, and will explain to the employee what is the decision by the employer. (note: if employer's decision is agree to reinstate the employee, then the employee must agree to accept his job). If the employer decides not to reinstate the employee to his/her former job, the employer maybe will suggest a compensation to be paid to the employee to settle the dispute.

7. If employee agree to accept whatever compensation suggested by the employer, then the IR Officer will prepare the necessary documentation for both parties to sign and acknowledge the agreed settlement.

8. If employee does not accept the compensation suggested by the employer, he/she shall reject by stating that he/she still wants his job back or want higher compensation amount. This will trigger a negotiation between the employer and the employee until both agree to a specific term.

9. If the conciliation session cannot be settled (employer & employee do not agree to each other), then the IR Officer will end the session and inform both parties that the matter will be referred to the Minister of Human Resource who may recommend the matter to be heard at an Industrial Court.

That will take months or even years for the court to hear and give an award. 

Leafy
Member
Fri, 20 Oct 2017 06:57:34 PM

Thank you so much for the information just a few comments and concerns , if you are able to address

After step #3   " 3. After that, the IR Officer will again ask the employer if he has other statement to counter the employee's statement." will I be able to again counter the employers statement 

Also it sounds like my best option is to sue my employer for wrongful termination especially if it takes over a year, for the governmentally process.  If I begin a law suit I am permitted to make it public? 

Even if reinstated how can I am assured that the abuse I endured from my employer will not continue.   And they will only make the job more uncomfortable and look for other ways to have me fired.  

I feel strongly about my profession and if an institution acts in this accord and labels itself a place of education for our youth, I honestly believe they need to set examples that they are not setting.  

mdkamil
Contributor
Sat, 21 Oct 2017 10:23:43 AM

After step #3   " 3. After that, the IR Officer will again ask the employer if he has other statement to counter the employee's statement." will I be able to again counter the employers statement 

Yes... you will have your chance to defend yourself

mdkamil
Contributor
Sat, 21 Oct 2017 10:25:23 AM

Also it sounds like my best option is to sue my employer for wrongful termination especially if it takes over a year, for the governmentally process.  If I begin a law suit I am permitted to make it public? 

I am not a lawyer, thus I am not in a position to respond on this matter.

mdkamil
Contributor
Sat, 21 Oct 2017 10:26:17 AM

Even if reinstated how can I am assured that the abuse I endured from my employer will not continue.   And they will only make the job more uncomfortable and look for other ways to have me fired. 

Only God knows

Leafy
Member
Sat, 21 Oct 2017 10:51:14 AM

It seems if I am reinstated a new contract would have to be in place as they have already given my job to someone else? 

mdkamil
Contributor
Sat, 21 Oct 2017 11:06:17 AM
Originally posted by Leafy on Sat, 21 Oct 2017 10:51:14 AM

It seems if I am reinstated a new contract would have to be in place as they have already given my job to someone else? 

Reinstatement means putting back to the same position and same terms as it was before the termination. Simply means you get your job back as is.

If the employer has put someone else to that position, it is their problem to sort that out.

Leafy
Member
Sat, 21 Oct 2017 11:32:17 AM

They destroyed my room and began giving my things away, it was in such a disarray I could not locate anything and they gave my belongs to other teachers and I have yet to find or be given back all they have taken and broken .....the kids were basically at work in a junk  when I arrived to retrieve my items 

Leafy
Member
Sat, 21 Oct 2017 11:33:50 AM

It seams if I am reinstated (which I doubt I will be) then I have all the power...try and fire me for a bogus reason once, the next time it won't fly and I'm an ideal worker unless they don't play by the rules 

Leafy
Member
Sun, 22 Oct 2017 09:42:43 AM

any advice on the above?