| Popis: |
There are shortcomings in judicial review and appeals of dismissal matters mainly on the Minister’s discretionary powers in the referral stage, and also the finality of the Industrial Court’s decision. Firstly, the discussion focuses on the Ministerial Discretion given by Section 20(3) of the Industrial Relations Act 1967 (“IRA”). The “moneyed-employer” files judicial review against the Minister’s decision at the referral stage might causes the jobless employees who are poor engaging in an unequal legal battle against the employer. Regardless of finality clause (Section 33B IRA), the aggrieved party files judicial review under Order 53 Rules of Court 2012 against the Industrial Court’s decision on the ground of error of law. Judicial review affects the access to justice by the poor workmen, when they cannot afford highly escalated legal fees. Appellate processes under Order 53 Rule 9 Rules of Court 2012 against High Court’s decision is opened to abuse when the poor workmen forced to expend exorbitant costs for the prolong legal battle. Additional time and costs incurred caused halts the determination to seek for justice. Judicial review and appeals of dismissal disputes are opened to abuse causes poor workmen expended exorbitant costs and faces prolong litigation. Section 33B of IRA stipulates the Industrial Court’s award shall be final. Practically, the civil courts circumvent the ouster clause by looking on regularities of the decision-making process. Minister’s discretion seems handy to avoid flooding of frivolous cases, but justification of the exercise of such discretion leads to predicaments. |
