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The Bar Council welcomes the move to conduct a major revamp of the Industrial Court structure, which, according to Human Resources Minister Datuk Dr Fong Chan Onn, would include providing security of tenure to Industrial Court Chairmen. The Bar Council also appreciates that the Human Resources Minister is fully informed and agreeable regarding the unsatisfactory nature of the present two-year contract system.

The Bar Council also fully supports the proposal of the Minister that an equal number of Chairmen be appointed from the Bar and the Judicial and Legal Service. The Bar Council will compile and forward a list of interested parties to the Ministry for its further action in due course.

Although the service of 6 Industrial Court Chairmen have been to extended to age 65, the Bar Council is of the view that the extensions in these particular cases do not resolve the main problem of security of tenure for all Chairmen. The present short-term contract, at the discretion of the Minister, which is still being maintained continues to perpetuate the unsatisfactory situation in which Chairmen continue to lack security of tenure. Currently, the Minister still has the power to extend or 'withdraw' the contract of an Industrial Court Chairman depending on whether he has performed well or not. This may adversely affect the performance of the independent judicial function of Chairmen. Due to no impediment or fault of their own, the partiality and independence of existing Chairmen are liable to be called into question, just as the fairness of awards dispensed by them. Thus the cornerstones of industrial jurisprudence - equity and good conscience - rest on shaky ground. Non-renewal of contracts seriously affect the capability of the Court to dispense justice speedily and effectively, without delay, uncertainty and inconvenience.

The Bar Council therefore strongly urges the Government to make a decision to create a permanent post for all Industrial Court Chairmen, under which the privileges and status of Chairmen are equal to those of High Court Judges. This would necessarily involve, inter alia, the term of service of all Chairmen being extended to age 65. Since there is no legislative provision which will give effect to the proposal to revamp the Industrial Court structure to include providing security of tenure for Chairmen, it will be necessary for the Government to amend the Industrial Relations Act and the Federal Constitution as soon as possible. The Bar Council calls upon the Government to act with all due speed in this regard.

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