PROFESSIONAL CERTIFICATED HUMAN RESOURCE MANAGEMENT

PROGRAMME

ASSIGNMENT

Student Name : KONG KIM YING

Student IC No : 890813-13-6245

Programme : DHRM

Module : 5 – INDUSTRIAL RELATIONS

Course Leader : MR. ARESANDIRAN J

Date of Submission : 25/07/2015

Assignment Question:

Illustrate and explain how Section 14(1) of Sarawak Labour Ordinance connects

with Section 20 of Industrial Relations Act and the process until decision is

submitted to Industrial Court.

Assignment Marks (100 Marks): ________%

Course Leader’s Signature: ____________

Date: _____________
Under Section 14(1) in Sarawak Labour Ordinance (SLO), an employer may terminate an

employee without notice after a due inquiry, if he commits misconduct. The employee may

instead of dismissing the employee, downgrade the employee or impose any lesser

punishment he deems just and fit.

However, after a dismissal letter has been issued from the employer to his employee, the

situation has been connected to Section 20 in Industrial Relations Act. This is because under

Section 20(1) in Industrial Relations Act, the employee, also a workman, who is under

coverage protection of IR Acts, if he considers that he has been dismissed without just cause

or excuse, he may make representations in writing to the DGIR to be reinstated in his former

employment. The representations may be filed at the office if the DGIR nearest to the place

of employment from which the workman was dismissed.

Refer to Section 20(1A) in Industrial Relations Act, the workman must make such

representations within sixty (60) days of his dismissal. The 60 days period is an effective time

bar and any representation made after 60 days limit cannot be entertained by the DGIR.

However, if the workman is dismissed with notice, he may files a representation for

reinstatement under Section 20(1) at any time during the period but not later than 60 days

from the date of dismissal.

Under Section 20(2) in Industrial Relations Act, upon receipt of the representation by the

workman for reinstatement, the DGIR shall take some necessary step to bring an expeditious

settlement whereby conciliation between the employer and the workman will be conducted. If

the settlement is accepted by both parties, then the case shall be closed. And if there is no

likelihood of the representation being settled, the DGIR shall notify the Minister of Human

Resources accordingly.

Under Section 20(6)(7)(8) in Industrial Relations Act, a presentation of conciliation shall

be proceed for both parties regarding to the dismissal. For the purpose of Section 20 and the

conciliation meeting, the DGIR shall have the power to direct either party to furnish to him

such information as he may consider necessary or relevant.

Under Section 20(3) in Industrial Relations Act, the Minister may refer the dismissal to the

Industrial Court of Malaysia for an award if he thinks fit on the advice of the DGIR.

If the dismissal is found to be unfair or unjustified, the court may order that the worker shall

be reinstated in his former employment with 24 months back wages and without prejudice to

seniority and benefits under the contract of employment.

Or the workman is being paid compensation in lieu of reinstatement with 24 months back

wages, compensation for loss of employment based on 1 month’s salary for each completed

year of service.