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Industrial Relations Act 1967 (2010 revision), Page 11

Part X - MISCELLANEOUS

Application

52. (1) Parts II, III, IV, V and VI shall not apply to any Government service or to any service of any statutory authority or to any workman employed by Government or by any statutory authority.

(2) The provisions of this Act relating to trade dispute other than subsection 26(2) and subsection 30(4) shall apply to any matter referred to or brought to the notice of the Court under this Act.

Appointment of public officer

53. The Minister may appoint any public officer as he thinks fit to exercise any power vested in him or to perform any duty imposed on him under this Act.

Exclusion of evidence as to certain matters

54. (1) Where a trade dispute relates to matters as to which negotiation or conciliation proceedings have taken place under this Act, no evidence shall be given in the proceedings before the Court as to such negotiation or conciliation proceedings other than a written statement in relation thereto agreed to and signed by the parties to the dispute.

(2) In a proceeding before the Court on a reference to the Court under subsection 20(3), no evidence shall be given of any proceeding before the Director General under subsection 20(2) other than a written statement in relation thereto agreed to and signed by the parties to the reference.

(3) No evidence shall be given in proceedings before the Court with regard to any offer relating to any matter connected with the trade dispute made without prejudice by any person or trade union except with the consent of that person or trade union.

(4) The exclusion specified in subsections (1), (2) and (3) shall also be applicable in any proceedings before any other court.

Secrecy

55. (1) The Court may in any proceedings direct—

(a) that any information, book, paper, document or thing tendered in evidence shall not be disclosed or published in any newspaper or otherwise; and

(b) that any such evidence shall be taken in private and that no person who is not expressly permitted by the Court to be present shall be present during the taking of that evidence.

(2) Any person who discloses or publishes any information, book, paper, document or thing in contravention of this section shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding one year or to a fine not exceeding one thousand ringgit or to both.

Non-compliance with award or collective agreement

56. (1) Any complaint that any term of any award or of any collective agreement which has been taken cognizance of by the Court has not been complied with may be lodged with the Court in writing by any trade union or person bound by such award or agreement.

(2) The Court may, upon receipt of the complaint,—

(a) make an order directing any party—

(i) to comply with any term of the award or collective agreement; or br> (ii) to cease or desist from doing any act in contravention of any term of the award or collective agreement;

(b) make such order as it deems fit to make proper rectification or restitution for any contravention of any term of such award or collective agreement; or

(c) make such order as it considers desirable to vary or set aside upon special circumstances any term of the award or collective agreement.

(2a) Nowithstanding the provisions of subsection 33(1), the Court shall, upon making the order under subsection (2), have the power to interpret any matter relating to the complaint made.

(3) Any person who fails to comply with an order of the Court under subsection (2) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding one year or to both and a further fine of five hundred ringgit for every day during which such offence continues.

(4) Where any sum of money is payable by any person, or, where anything, other than the payment of money is required to be done or not to be done by any person by virtue of an order made by the Court under subsection (2), and such order has not been complied with by the person to whom it is addressed, the Registrar of the Court may, at the request of either party, send a certified copy thereof to the Senior Assistant Registrar of the High Court or the Registrar of the Sessions Court having jurisdiction in the place to which the order relates or in the place where the order was made and the said Senior Assistant Registrar or Registrar, as the case may be, shall cause the said copy to be recorded and thereupon the said order shall for all purposes be enforceable as a judgment of the High Court or the Sessions Court, as the case may be, in accordance with such rules of court as may be applicable or in such manner as it may deem just or expedient:

Provided that no sale of immovable property shall, for the purposes of such enforcement, be ordered except by the High Court.

57. (Deleted by Act A484).

Contempt

58. (1) Where any such offence as is described in section 174, 175, 176, 177, 178, 179, 181 or 228 of the Penal Code is committed in the view or presence of the Court, or where any person misbehaves himself in Court, the Court may cause the offender to be detained in custody or direct any police officer or public officer to remove such offender from the Court.

(2) At any time before rising on the same day, the Court may take cognizance of any such offence or misbehaviour, and punish the offender with a fine not exceeding one hundred ringgit, or, in default of payment of such fine, with imprisonment for a term not exceeding one month, unless such fine is sooner paid.

(3) In every such case the Court shall record the facts constituting the offence, the statement, if any, made by the offender, and the finding and sentence.

(4) The Court dealing with an offender under this section may discharge the offender or remit the punishment on his submission to the order of the Court or on his making an apology to the satisfaction of the Court.

(5) No appeal shall lie from the decision of the Court under this section.

(6) In this section the expression “Court” includes any Board appointed under Part VIII.

Injuring a workman on account of certain acts

59. (1) Subject to subsection 5(2), it shall be an offence to dismiss a workman or injure or threaten to injure him in his employment or alter or threaten to alter his position to his prejudice, by reason of the circumstances that the workman—

(a) is, or proposes to become, an officer or member of a trade union or of an association that has applied to be registered as a trade union;

(b) is entitled to the benefit of a collective agreement or an award;

(c) has appeared or proposes to appear as a witness, or has given or proposes to give any evidence in any proceeding under this Act;

(d) being a member of a trade union which is seeking to improve working conditions, is dissatisfied with such working conditions;

(e) is a member of a trade union which has served an invitation under section 13 or which is a party to negotiations under this Act or to a trade dispute which has been reported to the Director General in accordance with Part V or Part VII;

(f) has absented himself from work without leave for the purpose of carrying out his duties or exercising his rights as an officer of a trade union where he applied for leave in accordance with section 6 before he absented himself and leave was unreasonably deferred or withheld; or

(g) being a member of a panel appointed under section 21 has absented himself from work for the purpose of performing his functions and duties as a member of the Court and has notified the employer before he absented himself.

(2) An employer who contravenes any of the provisions of subsection (1) shall be guilty of an offence and shall be liable, on conviction, to imprisonment for a term not exceeding one year or to a fine not exceeding two thousand ringgit or to both.

(3) Where an employer has been convicted of an offence punishable under subsection (2) the court by which the employer is convicted may order the employer to pay the workman the amount of any wages lost by him and also, where appropriate, direct the employer to reinstate the workman in his former position or a similar position.

(4) Where an amount ordered to be paid under subsection (3) is not paid in accordance with the order, the amount or so much thereof as remains unpaid shall be recoverable as if it were a fine, notwithstanding that the said amount may be in excess of the ordinary jurisdiction of the court, and the amount so recovered shall be paid to the workman entitled under the order.

(5) Any employer who fails to comply with a direction given under subsection (3) shall be guilty of an offence and shall be liable, on conviction, to imprisonment for a term not exceeding two years or to a fine not exceeding five thousand ringgit or to both.

General penalties

60. (1) Any person who contravenes—

(a) any provision of this Act;

(b) any summons, order or direction given or made under this Act,

shall be guilty of an offence and shall, on conviction, where no express penalty is provided, be liable to imprisonment for a term not exceeding two years or to a fine not exceeding five thousand ringgit or to both:

Provided that no contravention of any provision of Parts II, III (other than sections 9 and 10) or IV (other than subsection 13(8) and subsection 16(1)) shall be deemed to be an offence punishable under this section.

(2) Any person who attempts to commit any offence punishable under this Act, or abets the commission of such offence, shall be punished with the punishment provided for that offence.

Protection of Director General and other officers

60a. No action or prosecution shall be brought, instituted or maintained in any court against—

(a) the Director General or any other officer duly appointed or authorized under this Act for or on account of or in respect of any act ordered or done in good faith for the purpose of carrying into effect this Act and any regulations made under this Act; and

(b) any other person for or on account of or in respect of any act done or purported to be done by him under the order, direction or instruction of the Director General or any other officer duly appointed under this Act if the act was done in good faith and in a reasonable belief that it was necessary for the purpose intended to be served thereby.

Schedule

61. The Minister may from time to time add to, vary or alter the First Schedule or Second Schedule by notification in the Gazette.

Regulations

62. The Minister may make regulations for the purpose of carrying out or giving effect to this Act and in particular without prejudice to the generality of the foregoing, the regulations may—

(a) prescribe fees to be charged in respect of all proceedings under this Act;

(b) authorize the making of orders with respect to the costs and expenses including the expenses of witnesses of proceedings before the Court or Board;

(c) prescribe allowances payable to members of the Court, a Committee or a Board;

(d) provide for the exhibiting of any of the terms of an order or award on the premises of an employer bound by the order or award;

(e) provide for the manner in which and the person by and to whom notice of strike or lock-out may be given, and the manner in which such notices shall be communicated;

(f) regulate the procedure and proceedings of the Court;

(fa) provide for the procedures relating to a claim for recognition by a trade union of workmen; and

(g) provide for anything which may be prescribed under this Act.

Repeal and savings

63. The following written laws are hereby repealed.

Short Title F. of M. 37 of 1948 Industrial Courts Ordinance 1948. G.N. 2569/1941 Industrial Courts and Court of Inquiry Rules 1941. F. of M. 4 of 1949 Trade Disputes Ordinance 1949. L.N. 421/1951 Trade Disputes (Notice) Regulations 1951. L.N. 355/1965 Essential (Trade Disputes in the Essential Services) Regulations 1965. P.U. 94/1967 Modification of Laws (Trade Disputes) (Extension to Borneo States) Order 1967. P.U. 95/1967 Modification of Laws (Industrial Courts) (Modification and Extension to Borneo States) Order 1967. Provided—

(a) all proceedings, acts and awards commenced, done or made under the written laws hereby repealed shall have effect for all purposes as if these proceedings, acts or awards were commenced, done or made under this Act and as if this Act had then been in force;

(b) the Court or Tribunal before which the proceedings were commenced shall continue in existence and the terms of appointment of all members thereof, including the President and the Chairman, shall be deemed to have been extended until the final disposal of the subject matter of the proceedings and that any vacancies in the Court or Tribunal shall be filled in accordance with this Act as if the Court or Tribunal had been appointed under this Act;

(c) all agreements deposited under any written law repealed shall be deemed to be collective agreements deposited with and taken cognizance of by the Court under this Act.

First Schedule

ESSENTIAL SERVICES

[Section 2]

1. Banking services.

2. Electricity services.

3. Fire services.

4. Port, dock, harbour and airport services and undertakings, including stevedoring, lighterage, cargo handling, pilotage and storing or bulking of commodities.

5. Postal services.

6. Prison services.

7. Production, refining, storage, supply and distribution of fuel and lubricants.

8. Public health services.

8a. Public waste management services.

9. Radio communication services, including broadcasting and television services.

10. Telegraph, telephone and telecommunication services.

11. Transport services by land, water or air.

12. Water services.

13. Any service provided by any of the following Departments of Government:

(i) Chemistry.

(ii) Civil Aviation.

(iii) Customs and Excise.

(iv) Immigration.

(v) Marine.

(vi) Meteorology.

(vii) Printing.

14. Services which are connected with, or related to, or which assist towards, the maintenance and functioning of the armed forces and the Royal Malaysian Police Force.

15. Businesses and industries which are connected with the defence and security of Malaysia.

16. Any section of any service, on the working of which the safety of the employees therein or of the establishment relating thereto depends.

17. Industries declared by the Minister by notification in the Gazette as industries essential to the economy of Malaysia.

Second Schedule

Factors for consideration in making an award in relation to a reference under subsection 20(3) [subsection 30(6a)]

1. In the event that backwages are to be given, such backwages shall not exceed twenty-four months’ backwages from the date of dismissal based on the last-drawn salary of the person who has been dismissed without just cause or excuse;

2. In the case of a probationer who has been dismissed without just cause or excuse, any backwages given shall not exceed twelve months’ backwages from the date of dismissal based on his last-drawn salary;

3. Where there is post-dismissal earnings, a percentage of such earnings, to be decided by the Court, shall be deducted from the backwages given;

4. Any relief given shall not include any compensation for loss of future earnings; and

5. Any relief given shall take into account contributory misconduct of the workman.

 

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