Merit in filtering dismissal cases

THERE are merits in the current system requiring the Human Resources Minister to decide whether to refer worker dismissal cases not settled at the Industrial Department to the Industrial Court.

The “filtering” of dismissal cases as acknowledged by Human Resources Minister M. Kulasegaran, “Minister will no longer screen Industrial Court’s cases” ( The Star, June 6), has in a way prevented frivolous cases from being heard at the Industrial Court.

Even if the case is not referred to the Industrial Court, the dismissed worker can challenge the Human Resources Minister’s decision at the High Court for the case to be referred to the Industrial Court. It would be good to compare the number of cases not referred to the Industrial Court against the number reported to the Industrial Relations Department.

It is unfortunate that the current Human Resources Minister is overwhelmed with about three thousands cases pending his decision, no doubt left by his predecessors. These cases could have been disposed in a timely manner as, from my experience, the minister’s decision on dismissal cases are made between three and six months.

The Industrial Relations Act allows the Human Resources Minister to appoint any public officer to perform any duty imposed on him under this Act.

The minister can consider delegating the power to decide on dismissal cases to the director-general for Industrial Relations or to a panel comprising officers from the Industrial Relations Department.

Another option is to set up a special board comprising experts in the field and officers from the Industrial Relations Department, as suggested by Dr Muzaffar Syah Mallow in his letter “Review power of minister in industrial court cases” ( The Star, Oct 7, 2017). This would also create more transparency and a harmonious industrial relations environment.

If all dismissal cases are automatically referred to the Industrial Court, it will be overburdened especially with cases where the worker’s dismissal is justified. As it is, most cases now take two to three years to be concluded.

LEE CHENG POH Penang