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Industrial Law Committee 2010/2011 Interim Report PDF Print E-mail
Wednesday, 01 December 2010 05:35pm


The Industrial Law Committee (“ILC”), previously known as Industrial Court Practice Committee, changed its name this term to reflect the Committee’s scope of work, which extends to labour laws in general and is not merely confined to the practice and procedures of the Industrial Courts.  The Committee has met four times.

The activities for the Committee include:

(1)    Employment Law Conference
The Committee ended the 2009/2010 term with the grandeur of a successful two-day Employment Law Conference on 27 and 28 Jan 2010, themed “Employment Law in the 21st Century – Challenges & New Horizons”.  The Conference saw the participation of about 200 legal practitioners, human resource practitioners, corporate counsel, employers, students, and members of trade unions and academia. Foreign speakers from Australia, New Zealand and India presented useful overviews of their countries’ labour laws.  The Conference was officiated by YB Datuk Dr S Subramaniam, Ministry of Human Resources.

(2)    Consultative Committee on Industrial Law
The Committee’s representatives, Anand Ponnudurai and Jayasingam Poopalasingam, have been attending the Consultative Committee’s meetings, held every three months and chaired by the President of the Industrial Court.  Also present at the meetings are most of the Industrial Court Chairmen and representatives from the Ministry of Human Resources, Malaysian Trade Union Congress and Malaysian Employers’ Federation.

(3)    Labour Law Review
In April 2010, the Government announced substantial proposed amendments to the Employment Act 1955, Industrial Relations Act 1969 and the Trade Union Act 1959.  The Committee opposes many of the proposed amendments, which it views as draconian and will affect access to justice.

Ragunath Kesavan, President of the Malaysian Bar, issued a press release on 23 June 2010 entitled “Malaysian Bar opposes proposed amendments to labour laws”, stating that “the proposed reforms are wholly pro-employer and are at the expense of public interest and social responsibility”.  The Malaysian Bar also voiced its opposition to the proposal that human resource consultants be permitted to represent parties in the Industrial Court, as such consultants will not possess the necessary qualifications to practise in a court of law.

Subsequently, the Committee was invited by the Secretary-General of the Ministry of Human Resources (“Ministry”) for a meeting to discuss the amendments in July 2010.

Following the meeting, the Ministry set up a consultative committee consisting of Bar Council representatives and other relevant stakeholders, with the objective of obtaining views and reaching consensus on the proposed amendments.  Bar representatives, Anand Ponnudurai and Jayasingam Poopalasingam, attended two meetings in August and October 2010 and put forth the Bar’s views on the proposed amendments. 

The Committee organised a public forum on “Labour Law Amendments” – What does it mean to you?” on 21 Aug 2010.  The main objective of the public forum, attended by about 250 persons comprising human resource consultants, and members of trade unions, the legal fraternity and the public, was to raise public awareness and collate views on the proposed amendments.

Bar Council sent its feedback on the proposed amendments to the Ministry in October 2010.

Anand Ponnudurai
Chairperson
Industrial Law Committee

Dated 22 Nov 2010



(1)    Anand Ponnudurai (Chairperson)        
(2)    Jayasingam Poopalasingam (Deputy Chairperson)

Members:   
(3)    Andrew Saw
(4)    Bernard Scott
(5)    Chandrasegaran Rajandran
(6)    Dinesh Ratnarajah
(7)    Dymphna Lanjuran
(8)    Heng Hiang Swee
(9)    Janice Anne Leo
(10)    Kavitha Thavanayagam
(11)    Mohan Ramakrishnan
(12)    Muhendaran Suppiah
(13)    Pravin Kaur Jessy
(14)    R Ravindra Kumar
(15)    Rajasundram Ponnusami
(16)    Ravindra Kumar Murugavell
(17)    Selvamalar Alagaratnam
(18)    Seumas Tan Nyap Tek
(19)    Shanker Subramaniam
(20)    Sonia Abraham
(21)    Steven Thiru
(22)    Sunil Vijayan
(23)    Ten Yee Phor
(24)    Vickneswaren Palanisamy
(25)    Vijaya Kumar Raj
(26)    Vijayan Venugopal
(27)    Wong Keat Ching
(28)    Yong Hon Cheong

Officer-in-charge: Sumitha Shaanthinni Kishna   


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