Judicial review of Industrial Court awards: its blemish and proposed reform

Ali Mohamed, Ashgar Ali (2010) Judicial review of Industrial Court awards: its blemish and proposed reform. Industrial Law Reports, 1. i-xxiii. ISSN 0127-3051

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Abstract

This article highlights the drawbacks of contesting awards of the Industrial Court in the civil courts by way of judicial review. It is contended that the existing mechanism for challenging awards of the Industrial Court by way of judicial review defeats the objectives of the Industrial Relations Act 1967 (IRA) to ensure the speedy disposal of industrial disputes. Apart from the inordinate or unwarranted delay in the civil courts, the costs of litigation are immense with the workers having to bear the financial burden and end up suffering themselves. Further, the article will also elucidate the fusion of the common law master and servant principles by the civil courts into the industrial jurisprudence. The civil courts are accustomed with the common law master and servant principle, which is based on legal justice. This is unlike the Industrial Court where s. 30(5) of the IRA provides that the court must act according to equity, good conscience, and the substantial merits of the case, without regard to technicalities and legal form. The above simply means that the Industrial Court is not strictly confined to the administration of justice in accordance with the law, but is more concerned with the dispensation of social justice. 'The provision of social justice is of paramount concern in the corridors of the Industrial Court and the upholding of the spirit of section 30(5) of the IRA 1967 without fear or favour is very much an important goal of this Court

Item Type:	Article (Journal)
Additional Information:	1519/24032
Uncontrolled Keywords:	judicial review, Industrial Court
Subjects:	K Law > K Law (General)
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User:	Dr Ashgar Ali Ali Mohamed
Date Deposited:	24 May 2012 12:38
Last Modified:	24 May 2012 12:39
URI:	http://irep.iium.edu.my/id/eprint/24032

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