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 Yang Berhormat, Datuk Dr. S. Subramaniam, the Honourable Minister of Human Resources;
Yang Arif Dr. Haji Hamid Sultan Bin Abu Backer, Judge of the High Court, Kuala Lumpur;
Yang Arif Tuan Varghese George ,  Judicial Commissioner  of the High Court , Kuala Lumpur;
Yang Arif Puan Susila Sithamparam, President of the Industrial Court of Malaysia;
Chairmen of the Industrial Courts;
Ambassadors and representatives of the diplomatic corps; and
Distinguished guests, ladies and gentlemen.

On behalf of the Bar Council, I am pleased to welcome you to the “Employment Law Conference 2010” with the theme  “Employment Law in the 21st Century: Challenges and New Horizons”.

The Conference, organised by the Industrial Court Practice Committee of the Bar Council, was first held in 1997 on a small scale, focussing on Industrial Law practice and largely for Members of the Bar.

Since then, it has evolved as a biennial event and has become a premier gathering of all stakeholders in the field of employment and industrial relations law.

The Conference therefore now provides an avenue for a meeting of like minds and for the exchange of fresh and bold ideas in the face of new challenges.  Further, the sphere of discourse in the Conference has also evolved over time and it is no longer confined to what is often described as areas of “black letter law”, which may only excite lawyers and perhaps no one else.  Today, the Conference is a forum where a wide array of topics, both within and around employment law, are discussed.
It is done with the advantage of the views and experience of all those who are interested in this area of the law.  The common purpose is to discover holistic solutions that will be mutually beneficial and which will develop the law to meet public expectations.  I am confident that this objective will be in the forefront of your deliberations in this Conference.

Ladies and gentlemen, permit me to say a few words about the theme of this Conference.  It is in my view very apposite, particularly given the difficult economic conditions that plague the global economy today and their dire impact on the employment landscape the world over.

While Malaysia has been  (thus far at least) largely insulated from these unsavoury events, the clouds of doom continue to loom large on our horizon.  It would be unwise for us to ignore the potential ramifications to our economy, and specifically to the employer-employee relationship in our country.  In this regard, this swirling backdrop of gloom must underlie and animate your discourse on the topics in this Conference.  There may be a need to re-evaluate principles that have become fossilised in our law books and law reports, but which are of little or no relevance in the prevailing conditions. There may be a further need to re-examine the various dispute resolution mechanisms that we have, with the view of strengthening them and giving them powers to craft effective remedies that cater for the exigencies of these times.  There is then the foreign worker phenomena of all modern economies, and it is critical in the Malaysian context that the treatment of this class of workers under our laws, in adverse economic conditions, be thoroughly considered with a view of making urgent proposals for reform.  We must not also forget the role of collective representation and the value of collective bargaining in an economic downturn.  There would also be a need to unearth new ways in which the prerogative of the employer to manage his business in the manner he sees fit may be tempered  and balanced with the right of the employee to work and the right to livelihood.  These are some of the issues that are within the scope of the topics in this Conference and I would commend them to you with the hope that there will be some tangible solutions for us all.

We have to revamp and reform our industrial and employment laws to reflect the reality and current situation.  The problem of ministerial reference is somewhat an anomaly and the fiction that the only remedy to be sought in the Industrial Court is reinstatement must be reviewed.  In this respect, we would like to commend the Honourable Minister for agreeing to set up a joint Committee, involving the Bar, to look into these proposed reforms.

Distinguished guests, before I conclude, I wish to also speak briefly on another aspect of this Conference.  It is with regard to professional development and its importance to the Bar Council.  A conference of this nature is, at the heart of it, a professional development event.  It is intended to foster continuing legal education, whether by acquiring knowledge in this area of the law or by updating ourselves on new developments in the law.  The Malaysian Bar has a proud tradition of professional development and we have an active calendar in Kuala Lumpur and in the various states.  This Conference is a key feature of our professional development calendar and it has been fashioned to provide continuing legal education to all participants.  In this regard, I am pleased that it fulfills the Bar Council’s commitment to our Members to provide them with a buffet of knowledge in diverse areas of the law, which is vital for their professional development.  Moreover, with the advent of globalisation and the imminent opening of our borders to foreign legal practitioners, Members of the Bar have no choice but to equip and update themselves in their chosen areas of practice in order to compete for work.  It is therefore one hope that this Conference will be edifying and that all of you will benefit from the spread of knowledge and experience on offer here.

Finally, the Bar Council congratulates the Industrial Court Practice Committee for putting together this Conference.  I would like to also record the Bar Council’s deepest appreciation and gratitude to the Co-Chairs of the Organising Committee, Mr. Ravindra Kumar and Ms. Selvamalar, and the members of the Organising Committee, Ms. Wong Keat Ching, Ms. Janice Leo, Ms. Sonia Abraham and Mr. Steven Thiru.   I wish you a good and enjoyable Conference.

Ragunath Kesavan
President
Malaysian Bar

27 January 2010