Bankruptcy of claimant and representation under section 20(1) of the Industrial Relations Act 1967: whether previous sanction of the Director General of insolvency required?
This extended power to award backwages and compensation has, in practice, quite commonly triggered an argument on the part of the employer, if the workman is an undischarged bankrupt, that sanction of the Director General of Insolvency is required in order for the workman to pursue th...
| Main Authors: | , , |
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| Format: | Article |
| Language: | English |
| Published: |
CLJ Bulletin
2018
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/66481/ http://irep.iium.edu.my/66481/ http://irep.iium.edu.my/66481/1/66481_Bankruptcy%20Of%20Claimant%20And%20Representation.pdf |
| Summary: | This extended power to award backwages and compensation has, in practice,
quite commonly triggered an argument on the part of the employer, if the
workman is an undischarged bankrupt, that sanction of the Director General
of Insolvency is required in order for the workman to pursue the action under
the s. 20 of the IRA 1967. In other words, whether it is competent for the
reference to proceed under the s. 20 of the IRA 1967 in the absence of the
sanction when the workman is an undischarged bankrupt? This is the
question that this article intends to deliberate and put in right a perspective. |
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