Introduction
Tribunals provide a simpler and faster alternative to the court system for settling disputes.
Key Features of Tribunals:
• Statutory Basis: Tribunals are established under specific statutes, with jurisdiction limited to particular areas of law.
• Expert Panels: Typically consist of experts in the relevant subject, led by a legally qualified chairperson.
• Inquisitorial System: Unlike courts, tribunals use an inquisitorial approach, where the chairperson actively gathers information rather than relying solely on the parties to present their cases.
This system is designed to be more efficient and cost-effective than traditional litigation.
Industrial Court of Malaysia
The Industrial Court of Malaysia is a specialized court established under the Industrial Relations Act (1967) to resolve trade disputes related to employment terms, conditions, and industrial relations. It is often described as a “court of arbitration.”
Key Features:
• Jurisdiction: Handles disputes involving employers, employees, and trade unions, including cases of unfair dismissal and trade disputes.
• Composition:
• Led by a President appointed by the Yang di-Pertuan Agong (YDPA).
• Includes a Chairman appointed by the Ministry of Human Resources and a panel of representatives from employers and workmen.
• Trade disputes are heard by the Chairman with two representatives (one employer and one workman). Unfair dismissal cases may be heard by the Chairman alone.
Dispute Resolution Process:
1. Conciliation by DGIR: Disputes must first be referred to the Director-General of Industrial Relations (DGIR).
2. Minister’s Involvement: If unresolved, the matter goes to the Minister of Human Resources for further conciliation.
3. Industrial Court Referral: If conciliation fails, the Minister may refer the matter to the Industrial Court.
Decisions:
• Called awards, the decisions of the Industrial Court are binding.
• The court considers public interest, financial implications, and the economy before making an award.
• No Appeals: Industrial Court decisions are final, with no provision for appeal.
Consumer Claims Tribunal
The Consumer Claims Tribunal, established under the Consumer Protection Act 1999, handles disputes between consumers and manufacturers or suppliers of goods and services.
Key Features:
• Jurisdiction: Limited to claims not exceeding RM10,000.
• Simplified Process:
• Presided over by a legally qualified officer.
• Parties are not allowed legal representation.
• Decisions are typically issued within 60 days.
• Finality: The tribunal’s decision is final and binding.
Enforcement:
Failure to comply with a tribunal decision may result in penalties, including fines up to RM45,000 or imprisonment for up to two years.