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Industrial Court For Reinstatement

Autumn1333
Member
Sat, 28 Oct 2017 07:09:22 PM  (Last updated: Mon, 30 Oct 2017 11:09:37 AM)

So I attended a conciliation in which my employer refused to reinstate me, offered no compensation and is refusing to pay me my last pay.  I cannot ask on other forms about the firing because I am being accused of being a troll no one gets fired for those reasons; they are laughable.  

So the next step is it will be reported to head quarters then another conciliation process? reports to the director of general?  Hon Minister? the Industrial Court?  I'm so confused?  Then I must report to KL?  Its all so very confusing to me. 

My employer stated they cancelled my work visa but refused to provide me with paper work and said it was cancelled through a police report.  How can a police report that pertains to nothing about my employment cancel my work visa?  The police report doesn't even have anything to report?  Also if I am terminated, I believe its my employers responsibility as stated in contract to provide me with a ticket back to my home country.  

I have a copy of the decision after the domestic inquiry that took place at my work, is that a termination letter? How can they cancel my work visa without a termination letter?  

I'm So confused?

Autumn1333
Member
Sun, 29 Oct 2017 11:14:21 AM

can someone please assist.  Thank you 

SuharinKL
Contributor
Mon, 30 Oct 2017 11:09:37 AM

Hai there, 

Basically u are are on the right track.

If i may reaffirm the process involved as follows:-

1) Termination took place (retrenchment/ direct dismissal due to misconduct or performance/ forced resignation etc);

2)  Lodge report at the Industrial relation Department (IRD) (within 60 days from the above date of termination);

3)  IRD will call parties for conciliation session;

4) If no settlement, the case will be transferred to HQ for further deliberation by Minister of Human Resource (MoHR);

5) Then, the case will be referred to Industrial Court for further adjudication (parties will have the opportunity to produce evidence and call witnesses).

Since you have gone through the conciliation process, now you have to wait for letter from MoHR confirming they have received your complaint/case (please follow up with the officer in charge during your conciliation meeting). Once u get that letter, in about 2 - 3 weeks u will get another letter from Industrial Court. In this letter u will be informed about your case number and the date for you to attend the Court.

Thereon, it is advisable for u to appoint solicitor as it will involve legal process which may be complicated to understand for laymen.

Hope the above clarify your inquiries.

Regards,

suharinsulaiman@gmail.com

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