The tribunal system in Malaysia provides a more efficient and cost-effective alternative to the traditional court system for resolving disputes. Tribunals are specialized bodies established by statutes to address specific types of legal issues, offering a streamlined process for certain kinds of disputes. Unlike courts, tribunals are usually more informal and are designed to expedite the resolution of cases, making justice more accessible to the public.
One key difference between tribunals and courts is the inquisitorial system used by tribunals, where the presiding officer (often referred to as a "judge" or "chairman") actively seeks out information and evidence, rather than relying solely on the parties involved to present their cases. This makes the process quicker and more efficient in certain circumstances. Tribunals also tend to be more focused on specialized areas of law, and their decisions are typically final, with limited grounds for appeal
Two Key Examples of the Tribunal System in Malaysia :
1. Industrial Court of Malaysia
The Industrial Court of Malaysia is a specialized tribunal created to handle disputes primarily related to industrial employment, including issues between employers, employees, and trade unions. It was established under the Industrial Relations Act of 1967, and it is often referred to as a court of arbitration due to its role in resolving employment-related conflicts.
Structure of the Industrial Court:
The Industrial Court is presided over by a President appointed by the Yang Di-Pertuan Agong (YDPA), alongside a Chairman appointed by the Ministry of Human Resources.
The panel also includes representatives of employers and workmen (employees), ensuring that both parties have equal representation in the decision-making process.
The court’s composition varies based on the type of case:
In most trade disputes, the panel will consist of the Chairman and two representatives, one from the employer side and one from the employee side.
In cases of unfair dismissal, the Chairman may hear the matter alone.
Procedure:
Before proceeding to the Industrial Court, disputes must first be referred to the Director-General of Industrial Relations (DGIR) for conciliation. If this fails, the matter is referred to the Minister of Human Resources for further conciliation.
If the Minister cannot resolve the dispute, they will refer the case to the Industrial Court for adjudication.
Jurisdiction and Decision-Making:
The Industrial Court handles cases related to the terms and conditions of employment, trade disputes, and unfair dismissal.
The award issued by the Chairman is binding on both parties and must take into account public interest, economic implications, and the impact on the industry.
Appeals: There is no appeal against the decision of the Industrial Court, making its decisions final and binding.
The Industrial Court plays a critical role in maintaining industrial harmony in Malaysia, ensuring that disputes between employers and employees are resolved in a fair and timely manner.
2. Consumer Claims Tribunal
The Consumer Claims Tribunal was established under the Consumer Protection Act 1999 to address consumer complaints, specifically those against manufacturers and suppliers of consumer goods and services. It provides an avenue for consumers to resolve disputes without having to go through the more formal and costly court process.
Structure of the Consumer Claims Tribunal:
The tribunal is presided over by a legally qualified person, who acts as the presiding officer. The role of the presiding officer is to hear the case, gather relevant information, and issue a decision.
Legal representation is generally not allowed in the tribunal, simplifying the process for the parties involved and making it more accessible to the general public.
Jurisdiction and Decision-Making:
The jurisdiction of the tribunal is limited to claims where the value of the dispute does not exceed RM10,000. This makes it an ideal forum for resolving minor consumer complaints.
The tribunal has the authority to impose both civil and criminal sanctions in cases of non-compliance with its decisions. Sanctions can include a fine of up to RM45,000 or imprisonment for up to two years for those who fail to adhere to its ruling.
Finality: The decisions of the Consumer Claims Tribunal are final and binding on both parties involved, and they are usually delivered within 60 days of the hearing.
Purpose and Benefits:
The Consumer Claims Tribunal provides a fast, affordable, and less formal means of resolving consumer disputes. Its role is particularly significant in protecting consumer rights and ensuring that businesses are held accountable for their products and services.
It allows consumers to seek justice without needing to go through expensive legal channels, and businesses are encouraged to resolve complaints promptly to avoid legal consequences