SHANKARKUMAR SANPATHKUMAR v. KETUA PENGARAH JABATAN PERHUBUNGAN PERUSAHAAN
COURT OF APPEAL, PUTRAJAYA
LEE SWEE SENG JCA
CHE MOHD RUZIMA GHAZALI JCA
LIM CHONG FONG JCA
[CIVIL APPEAL NO: W-01(A)-160-03-2023]
30 APRIL 2024
[2024] CLJ JT (6)

Abstract - (i) Even though the main remedy claimed is that of reinstatement, a workman is not confined or restricted to that even if his employer offers him reinstatement. The workman is at liberty to decide whether to accept the said offer, with or without conditions; (ii) Section 20(3) of the Industrial Relations Act 1967, as amended by the Industrial Relations (Amendment) Act 2020, makes it mandatory for the Director General of Industrial Relations ('DGIR') to refer the representations of a workman to the Industrial Court for an award; the Minister of Human Resources plays no role in such a reference to the Industrial Court. The DGIR has no discretion but to refer to the Industrial Court when there is no settlement of a representation. The DGIR does not make any assessment as to the chances of success, or otherwise, of the workman's claim or the position that his employer has taken.

ADMINISTRATIVE LAW: Judicial review - Appeal - Challenge against decision of Director General of Industrial Relations ('DGIR') - Workman found guilty of misconduct and dismissed by employer - Workman made representations to DGIR - Employer agreed to reinstate workman to former position subject to certain terms - Workman rejected reinstatement - DGIR closed representations - Whether DGIR correct in closing workman's representations without referring same to Industrial Court - Whether mandatory for DGIR to refer representations of workman to Industrial Court for award - Industrial Relations Act 1967, s. 20(1), (3) - Industrial Relations (Amendment) Act 2020 - Rules of Court 2012, O. 53

LABOUR LAW: Employment - Dismissal - Reinstatement - Rejection of reinstatement - Workman found guilty of misconduct and dismissed by employer - Workman made representations to Director General of Industrial Relations ('DGIR') - Employer agreed to reinstate workman to former position subject to certain terms - Workman rejected reinstatement - DGIR closed representations - Whether DGIR correct in closing workman's representations without referring same to Industrial Court - Whether mandatory for DGIR to refer representations of workman to Industrial Court for award - Industrial Relations Act 1967, s. 20(1), (3) - Industrial Relations (Amendment) Act 2020