industrial court malaysia - Malaysian Legal and Tax Information Centre

In the case of Dr. A Dutt, the Court weighed the evidence carefully and ordered
for the Claimant to be reinstated.
In Microsoft Malaysia Sdn Bhd v Michael Brian Davis [2002] 2 ILR 453 it was
held:
“The Industrial Court has jurisdiction to order reinstatement to a foreigner if at the
end of the day, the court comes to the finding that his dismissal is without just
cause and excuse. Section 20 of the Industrial Relations Act 1967 applies to all
workers be they Malaysians or foreigners”.
Reinstatement is intended to restore the status quo prior to dismissal (See
Kumpulan Jerai Sdn. Bhd., Rengam v. National Union of Plantation
Workers & Anor [1993] 3 MLJ 221, 238 and also Harris Solid State (M) Sdn.
Bhd. & Ors. v. Bruno Gentil Pereire & 21 Ors. [1996] 4 CLJ 747).
It is trite law that reinstatement is the primary remedy for unjustified dismissal.
In Kumpulan Peransang Selangor Bhd. v. Zaid bin Haji Mohd Noh [1997] 1
AMR 1008 at (page 1033) the Federal Court referred to Malhotra's “The Law of
Industrial Disputes, Fourth edition, Volume 2 page 942 (to be referred to as
Malhotra) where it was stated:-
“In each case, keeping the objectives of industrial adjudication in mind, and in a
spirit of fairness and justice, the Tribunal has to deal with the question, whether
the circumstances of the case require that an exception should be made and
compensation would meet the ends of justice. If, on taking these principles and
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