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• Firing
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• Occupational Safety & Health Act (OSHA)

DO I NEED A LAWYER OR DO I REPRESENT MYSELF IN A DISPUTE CASE ?

During conciliation proceedings, you cannot be represented by an advocate, adviser or consultant pursuant to section 19(B)(2) of the Industrial Relations Act 1967.

You have to represent yourself.

If you are a member of a trade union, your trade union officers or an employee of your trade union can represent you.

You can also be represented by an official of an organization of workmen or employee not being a trade union such as the MTUC.

However, section 27(1) of the Industrial Relations Act 1967 states that in any proceedings before the Court a party may

• be represented by an officer or employee of the trade union, where the party is a trade union.
• appear himself personally or be represented by his duly authorized, employee or an officer or employee of the trade of employers of which he is a member, where the party is an employer.
• be represented by an officer or employee of the trade union, where the party is a workmen or employer appear himself personally or where he is a member of a trade union of workman or employee.
• be represented with the permission of the President or the Chairmen, by an advocate or notwithstanding anything to the contrary contained in any written law relating to the registration of trade unions, by any official of an organization (not being a trade union) of employers or workmen, as the case may be registered in Malaysia, where the party is a trade union or an employer or a workman or employee.

In Industrial Court proceedings, you can get a qualified lawyer to represent you in court. It will be more helpful in your case.

CAN I APPEAL AGAINST INDUSTRIAL COURT DECISION ?

A decision, order or award of the Industrial Court is conclusive and final and cannot be challenged, appealed against, reviewed, quashed or called in question in any court.

However, by way of certiorari on grounds of error of law or excess of jurisdiction, the decision or award made by the Industrial Court can be challenged in the High Court.