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The Bar Council is most concerned and dismayed on the non-extension of employment of a number of Chairmen who are currently serving in the Industrial Court on a two-year contract.

Hitherto contracts of employment of Chairmen have always been extended in order not to cause inconvenience or chaos in the administration of justice in the Industrial Court where 'equity and good conscience', the cornerstones of industrial jurisprudence, are religiously applied.

In the past, prior to the retirement of a Chairman, extension has been given for a period of even up to one year so that the retiring Chairman could complete the writing of his Award after a full hearing including submissions by counsel.

The sudden decision not to extend the services of some of the current Chairmen either because they have reached the retiring age or because they are required to go back to the Judicial and Legal Service to serve in other capacities has left a lot of lawyers, unions, employers, employees/individuals such as complainants who have complained of unlawful termination of their employment, in a state of shock and disbelief. Some matters have taken years to come to the Industrial Court and have taken years in the hearing of the matter with no conclusion arrived at as yet.

On the current scenario of non-extension of the services of some of the current Chairmen or where the Chairman is required to return to the Judicial and Legal Service, a number of cases where Awards have yet to be handed down by the Chairman will be affected. All the cases which are part heard would be placed in jeopardy as a number of witnesses would no longer be available to give evidence should the same matter be heard de novo. A de novo is not the right solution when a Chairman leaves mid stream, a choice not of his own.

The Industrial Court in view of the unfinished business of the Chairmen concerned would soon be flooded not only with enquiries of all sorts but several proceedings would be brought about by parties concerned as to the legality of an Award by a substitute Chairman.

The Bar Council Industrial Court Practice Committee has brought this matter to the attention of the Minister and the Ministry for Human Resources on an urgent basis but has yet to receive a reply. A number of other issues related to the law and procedures and appointment of Chairmen of the Industrial Court have also been brought to the attention of the Minister for Human Resources but to date regrettably no reply has been forthcoming from the Minister.

The Bar Council understands that the Prime Minister and the Cabinet have approved the appointment of Chairmen from members of the Malaysian Bar as has always been in the past but recently none have been appointed and no information has been provided by the Ministry to the Bar Council on vacancies for its members to apply.

Labour/Employment law is a special area of law which requires special skill and expertise. Of late only 'cadre officers' from the Judicial and Legal Service have been appointed who after a relatively short spell at the Industrial Court are withdrawn to perform other duties.

The Bar Council advocates that the appointment of Chairmen be made permanent and not on contract basis at the discretion of the Minister.

The present system is most unsatisfactory.