A decision on an employment dispute which has been referred to the Industrial Court will be delivered through an award.
The majority of disputes referred to the Industrial Court involve claims for unfair dismissal. If the Industrial Court decides the dispute in favour of the employee, then the Industrial Court may order the employer to pay back wages and reinstate the employee or pay compensation in lieu of reinstatement. If the dispute is decided in favour of the employer, then the claim for unfair dismissal would be dismissed.
The question that arises is what happens if an Industrial Court award is not complied with? This is an issue which would primarily affect an employee who has succeeded in the Industrial Court and obtained an award in his or her favour. What steps can the employee take to enforce the Industrial Court award? An employer is unlikely to face this issue if it succeeds in the Industrial Court as the unfair dismissal claim would be dismissed and nothing further would be required to be done.
This article shall set out the steps that can be taken by a successful party to enforce an Industrial Court award.
Click to read more: https://hhq.com.my/publications/enforcement-of-an-industrial-court-award/
About the author
Rohan Arasoo Jeyabalah
Partner, Employment & Industrial Relations
Harold & Lam Partnership
[email protected]