Issues relating to pre-adjudication of industrial disputes

In Malaysia parties to industrial disputes are non free to file their cases directly to the Industrial Court. They have to first adhere and observe certain requirements of pre adjudication process. This is because Malaysian laws and policies viewed industrial disputes as having serious ramificatio...

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Main Author: Kamal Halili Hassan
Format: Article
Published: Fakulti Undang - Undang 2006
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author Kamal Halili Hassan,
author_facet Kamal Halili Hassan,
author_sort Kamal Halili Hassan,
collection UKM
description In Malaysia parties to industrial disputes are non free to file their cases directly to the Industrial Court. They have to first adhere and observe certain requirements of pre adjudication process. This is because Malaysian laws and policies viewed industrial disputes as having serious ramifications on the industry if they are not properly handled. This before disputes are to adjudicated by the Court, they need to undergo certain processes such as conciliation. Conciliation is part of the Alternative Dispute Resolution mechanism and it has been widely used in the settlement of industrial disputes. Even the executives (represented by the Minister) have the power to sieve the cases before they reached the Industrial Court. This article thus discusses three main issues of pre adjudication process, namely, conciliation, the power of the Minister to refer a case or otherwise to the Industrial Court and his reasons, if any, for not referring a case to the Court. All three issues are coherently analyzed into a single theme, namely, the pre adjudication process of industrial disputes
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institution Universiti Kebangsaan Malaysia
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spelling ukm.eprints-16762019-05-14T04:43:57Z http://journalarticle.ukm.my/1676/ Issues relating to pre-adjudication of industrial disputes Kamal Halili Hassan, In Malaysia parties to industrial disputes are non free to file their cases directly to the Industrial Court. They have to first adhere and observe certain requirements of pre adjudication process. This is because Malaysian laws and policies viewed industrial disputes as having serious ramifications on the industry if they are not properly handled. This before disputes are to adjudicated by the Court, they need to undergo certain processes such as conciliation. Conciliation is part of the Alternative Dispute Resolution mechanism and it has been widely used in the settlement of industrial disputes. Even the executives (represented by the Minister) have the power to sieve the cases before they reached the Industrial Court. This article thus discusses three main issues of pre adjudication process, namely, conciliation, the power of the Minister to refer a case or otherwise to the Industrial Court and his reasons, if any, for not referring a case to the Court. All three issues are coherently analyzed into a single theme, namely, the pre adjudication process of industrial disputes Fakulti Undang - Undang 2006 Article PeerReviewed Kamal Halili Hassan, (2006) Issues relating to pre-adjudication of industrial disputes. Jurnal Undang-undang, 10 . ISSN 1394-7729 http://ejournal.ukm.my/juum
spellingShingle Kamal Halili Hassan,
Issues relating to pre-adjudication of industrial disputes
title Issues relating to pre-adjudication of industrial disputes
title_full Issues relating to pre-adjudication of industrial disputes
title_fullStr Issues relating to pre-adjudication of industrial disputes
title_full_unstemmed Issues relating to pre-adjudication of industrial disputes
title_short Issues relating to pre-adjudication of industrial disputes
title_sort issues relating to pre adjudication of industrial disputes
work_keys_str_mv AT kamalhalilihassan issuesrelatingtopreadjudicationofindustrialdisputes