Updates on Industrial Relations Act 1967

The Industrial Relations (Amendment) Act 2020 have made significant amendments to the Industrial Relations Act 1967, one of which is the deletion of section 33A of the Act and the introduction of section 33C to the Industrial Relations Act 1967.

Previously under section 33A of the Industrial Relations Act 1967, any challenge towards the Industrial Court’s decision is by way of judicial review. However, since the introduction of section 33C, any challenge against the Industrial Court’s decision will be by way of an appeal to the High Court. Prior to the amendment, the Industrial Court have the discretions to refer to the High Court to review their decisions, now Parties themselves can appeal the decision to the High Court within fourteen days from the date of receipt of the award. The procedure for an appeal from Industrial Court to the High Court shall follow the same procedure for an appeal from the Sessions Court to the High Court with such modifications as the circumstances may require which can be found in Rule 55 of the Rules of High Court 2012.

Furthermore, the introduction of section 29(ea) to the Act allows that any unfair dismissal case brought into the Industrial Court may still proceed notwithstanding the death of the workman who made the representation under this Act, whereby previously the claim will be struck off if the employee have died before the hearing concludes.

Another key amendment to the Industrial Relations Act 1967, amongst others, is the removal of the Director General’s discretions to refer representations for dismissal to the Industrial Court. The Director General under Section 20 (3) of the Industrial Relations Act 1967 is now require to directly refer any representations for dismissal to the Industrial Court for an award if he is satisfied that there is no likelihood of the representations being settled before him.

One thing to point out that under section 6 of the Industrial Relations Act 1967, for representations before the Director General, Parties may be represented by any other person duly authorized by the Parties except for an Advocate and Solicitor. However, there is no such restrictions when the representations for dismissal has been referred to the Industrial Court.

Hence, the process to bring a representation for dismissal is by writing to the Director General within sixty (60) days from the date of the notice of dismissal, and if the Director General deemed that there is no likelihood of the representations being settled before him, then he is required to refer the representation to the Industrial Court. Thus, Parties may employed the service of an Advocate and Solicitor to represent them in the Industrial Court.

If you have any questions or require any additional information, please contact our lawyer that you usually deal with.

This article is written by 

Hee Wing Seong
Partner, Low & Partners

Lim Jen Keat
Legal Associate, Low & Partners