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Date Posted: 19:02:11 09/16/06 Sat
Author: A Gross Injustice Had Been Done Upon You! (Why cases not referred)
Subject: Giant Corporation Trample & Bully the Weak & the Defenceless!

Why cases not referred to Industrial court



KUALA LUMPUR: The Human Resources Minister must state his reasons for not referring disputes between bosses and workers to the Industrial Court, said Court of Appeal judge Datuk Gopal Sri Ram.

Speaking at the Meca Industrial Relations Convention 2006 here yesterday, he noted that workers had no direct access to the court, which is the tribunal to adjudicate disputes between the two parties.

“You have to go through the minister who decides whether or not to refer a dispute to the court,” he said.

Justice Sri Ram said once the minister had decided that the matter should not go to the courts, then that was the end of the matter.

“But what if the minister does not give any reasons? Can his discretion still be reviewed?” he said, adding that something has to be done to correct the situation.

“The old law is that you can do nothing about it. However unjust the decision, the courts must fold their arms and send the litigant home empty-handed. I thought that to be an absurd approach.”

He cited Hong Leong vs Liew Fook Chuan as an example where it was decided that the minister must take into account the representations made to the Director-General under Section 20 (1) of the Act and must refer the dispute to the industrial court unless the representation was frivolous or vexatious.

He said it was also decided that public decision makers must give reasons for his or her decision.

“This approach entitles us to take an objective look at the facts of the case. It gets rid of the archaic and outdated approach to the judicial review of administrative action.”

While the legal profession welcomed the decision in the case, Justice Sri Ram said there were some detractors who thought that decision makers must be protected.

The two-day convention was attended by 200 members of Meca, an industrial relations consultancy firm and also those from the legal fraternity.
Website - http://www.xsorbit6.com/users/irnetwork/

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