Criminal liability for non-compliance of industrial court's award

The Industrial Court would, as a general rule, in a complaint of non-compliance, look at the terms of the award by confining itself within the four walls of the award and determine whether the terms of the award had been complied with. Where the court is satisfied that there has been non-complian...

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Main Authors:	Ali Mohamed, Ashgar Ali, Sardar Baig, Farheen Baig
Format:	Article
Language:	English
Published:	LexisNexis 2015
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/45528/ http://irep.iium.edu.my/45528/1/CRIMINAL_MLJ.pdf

id	iium-45528
recordtype	eprints
spelling	iium-455282016-03-14T08:35:05Z http://irep.iium.edu.my/45528/ Criminal liability for non-compliance of industrial court's award Ali Mohamed, Ashgar Ali Sardar Baig, Farheen Baig K Law (General) The Industrial Court would, as a general rule, in a complaint of non-compliance, look at the terms of the award by confining itself within the four walls of the award and determine whether the terms of the award had been complied with. Where the court is satisfied that there has been non-compliance by the employer, and where the employer has no special circumstances warranting the variation or setting aside of the award under s 56(2) of the Industrial Relations Act 1967 ('the IRA'), the court will make an order that the employer has to comply with the said award within the period stipulated, from the date of service of the court's orderfor compliance. Failure to comply with the order of the Industrial Court is brought in a non-compliance proceeding and is backed by criminal sanction. In relation to criminal liability, the veil ofthe company could be lifted to make the directors of the company personally liable for non-compliance of the award of the Industrial Court. However, it must be noted that the Industrial Court can only impose the criminal sanction with the written consent ofthe Public Prosecutor. The court has no inherent power of its own to punish an employer who disregards the order of the court. Hence, this paper is intended to look into the enforcement of the Industrial Court award with specific reference to the criminal liability of the employer under s 56(3) ofthe IRA. It will be submitted that the Industrial Court should be given the power to enforce its own award and to penalise the defaulter so that the benefits of the award are realised. LexisNexis 2015 Article PeerReviewed application/pdf en http://irep.iium.edu.my/45528/1/CRIMINAL_MLJ.pdf Ali Mohamed, Ashgar Ali and Sardar Baig, Farheen Baig (2015) Criminal liability for non-compliance of industrial court's award. Malayan Law Journal, 4. i-xiv. ISSN 0025-1283
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 Sardar Baig, Farheen Baig Criminal liability for non-compliance of industrial court's award
description	The Industrial Court would, as a general rule, in a complaint of non-compliance, look at the terms of the award by confining itself within the four walls of the award and determine whether the terms of the award had been complied with. Where the court is satisfied that there has been non-compliance by the employer, and where the employer has no special circumstances warranting the variation or setting aside of the award under s 56(2) of the Industrial Relations Act 1967 ('the IRA'), the court will make an order that the employer has to comply with the said award within the period stipulated, from the date of service of the court's orderfor compliance. Failure to comply with the order of the Industrial Court is brought in a non-compliance proceeding and is backed by criminal sanction. In relation to criminal liability, the veil ofthe company could be lifted to make the directors of the company personally liable for non-compliance of the award of the Industrial Court. However, it must be noted that the Industrial Court can only impose the criminal sanction with the written consent ofthe Public Prosecutor. The court has no inherent power of its own to punish an employer who disregards the order of the court. Hence, this paper is intended to look into the enforcement of the Industrial Court award with specific reference to the criminal liability of the employer under s 56(3) ofthe IRA. It will be submitted that the Industrial Court should be given the power to enforce its own award and to penalise the defaulter so that the benefits of the award are realised.
format	Article
author	Ali Mohamed, Ashgar Ali Sardar Baig, Farheen Baig
author_facet	Ali Mohamed, Ashgar Ali Sardar Baig, Farheen Baig
author_sort	Ali Mohamed, Ashgar Ali
title	Criminal liability for non-compliance of industrial court's award
title_short	Criminal liability for non-compliance of industrial court's award
title_full	Criminal liability for non-compliance of industrial court's award
title_fullStr	Criminal liability for non-compliance of industrial court's award
title_full_unstemmed	Criminal liability for non-compliance of industrial court's award
title_sort	criminal liability for non-compliance of industrial court's award
publisher	LexisNexis
publishDate	2015
url	http://irep.iium.edu.my/45528/ http://irep.iium.edu.my/45528/1/CRIMINAL_MLJ.pdf
first_indexed	2023-09-18T21:04:46Z
last_indexed	2023-09-18T21:04:46Z
_version_	1777410860044517376

Criminal liability for non-compliance of industrial court's award

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