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After 60 days without filing case to Industrial Court

Swee
Member
Fri, 03 Aug 2018 02:27:52 PM  (Last updated: Fri, 03 Aug 2018 05:19:53 PM)

Do employees who wish to file wrongful termination with Industrial Court, still have the power to do so after 60 days have lapsed since date of termination and no filing of case has been done to the department of labour or relevant agencies within 60 days post-termination?

KL Siew
Administrator
Fri, 03 Aug 2018 05:19:53 PM

Section 20 of the Industrial Relations Act is quite clear about it.

20. (1) Where a workman, irrespective of whether he is a member of a trade union of workmen or otherwise, considers that he has been dismissed without just cause or excuse by his employer, he may make representations in writing to the Director General to be reinstated in his former employment; the representations may be filed at the office of the Director General nearest to the place of employment from which the workman was dismissed.

(1a) The Director General shall not entertain any representations under subsection (1) unless such representations are filed within sixty days of the dismissal:

Provided that where a workman is dismissed with notice he may file a representation at any time during the period of such notice but not later than sixty days from the expiry thereof.

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