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

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 Ac...

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Main Author:	Ali Mohamed, Ashgar Ali
Format:	Article
Language:	English
Published:	The Malaysian Current Law Journal Sdn Bhd 2010
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/24032/ http://irep.iium.edu.my/24032/ http://irep.iium.edu.my/24032/1/http___www.cljlaw.com_membersentry_articlesdisplayteaser.pdf

id	iium-24032
recordtype	eprints
spelling	iium-240322012-05-24T04:39:00Z http://irep.iium.edu.my/24032/ Judicial review of Industrial Court awards: its blemish and proposed reform Ali Mohamed, Ashgar Ali K Law (General) 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 The Malaysian Current Law Journal Sdn Bhd 2010 Article PeerReviewed application/pdf en http://irep.iium.edu.my/24032/1/http___www.cljlaw.com_membersentry_articlesdisplayteaser.pdf 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 http://www.cljlaw.com/
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General)
spellingShingle	K Law (General) Ali Mohamed, Ashgar Ali Judicial review of Industrial Court awards: its blemish and proposed reform
description	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
format	Article
author	Ali Mohamed, Ashgar Ali
author_facet	Ali Mohamed, Ashgar Ali
author_sort	Ali Mohamed, Ashgar Ali
title	Judicial review of Industrial Court awards: its blemish and proposed reform
title_short	Judicial review of Industrial Court awards: its blemish and proposed reform
title_full	Judicial review of Industrial Court awards: its blemish and proposed reform
title_fullStr	Judicial review of Industrial Court awards: its blemish and proposed reform
title_full_unstemmed	Judicial review of Industrial Court awards: its blemish and proposed reform
title_sort	judicial review of industrial court awards: its blemish and proposed reform
publisher	The Malaysian Current Law Journal Sdn Bhd
publishDate	2010
url	http://irep.iium.edu.my/24032/ http://irep.iium.edu.my/24032/ http://irep.iium.edu.my/24032/1/http___www.cljlaw.com_membersentry_articlesdisplayteaser.pdf
first_indexed	2023-09-18T20:36:08Z
last_indexed	2023-09-18T20:36:08Z
_version_	1777409058198781952

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

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