Professional Documents
Culture Documents
Natural Justice
Natural Justice
BIAS - DEFINITION
• LEGAL - an operative prejudice, whether
conscious or unconscious, as result of some
preconceived opinion or predisposition, in
relation to a party or an issue.
• Tanjong Jaga argued that it was a nightclub and as such the NU of HB&R
workers not the competent union to represent its workers. It challenged
the unilateral decision of the Registrar to the contrary, complaining that
he failed to give an opportunity to be heard on this contention.
• The Supreme Court held that the Registrar in this case was satisfied that
the major business of the nightclub was in the operation of the bar – S.C.
Judge Abdool Cadeer – ‘allowing a hearing to the night club would not
have wide any difference’.
CONCLUSION (CONTINUED)
4. There is the emerging concept of fairness, which is larger in context than the rules of
natural justice.
• Fairness – the duty to act fairly – does not mean it to be a substitute for NJ – the
administrative bodies in exercising their discretion owe a constitutional duty to
perform it fairly and honestly to the best of their ability -–rather than to use the phrase
as NJ – the procedure must be fair to all those who have an interest in the decision.
•the professional background of the presiding officers of the IC in Malaysia makes them keenly aware of the need for the
quasi- judicial bodies to observe the principles of natural justice in their proceedings.
•The IC allows legal presentations to the parties and the representatives must facilitate the observance of natural justice
during the proceedings in the IC.
•
•Case: Minister of Labor, Malaysia V. National Union of Journalist, Malaysia (1991) 1 MLJ 24
•
•Minister of Labour(MOL) refused to refer a dispute to the IC – The IC strictly observe and support the view of rules of
fairness.
•
•Yaqzid Othman, a reporter of Utusan Melayu, who was dismissed for misconduct, the MOL refused to refer the dispute to
the IC though he was well aware that no domestic enquiry was done. However, the Minister listed in his affidavit several
facts and circumstances he took into account in arriving at his decision.
•The Supreme Court allowed the Union ‘s application for an order of certiorari to quash the decision of the Minister and an
order to refer the dispute to the IC
•
•Industrial Court
•Yazid Othman was not give the opportunity of being heard in his own defence .
•Ordered his reinstatement with back wages
•
•
NATURAL JUSTICE AND INDUSTRIAL COURT (CONTINUED)
• Assists the decision maker in reaching the correct and preferable decision;
• Provides a useful avenue for the decision maker to ensure that the facts or
information that he/she is relying on is correct;