Its task is to solve the labour disputes expeditiously, with consideration of equity and a good conscience and the substantial merits of the case without regard to a technicality and legal form, and this is specifically provided for in section 30 of the Industrial Relations Act 1967.
Often one hears complaints that the Court is overly legalistic, presentations of trials being adversarial, procedural rules and evidence accustomed to civil courts are freely used in the Industrial Court, such as subjecting parties to pleadings, requiring parties to submit bundles of documents, the examination of witnesses and submission of the case, among others.
It is submitted that the proposed amendment to the Industrial Relations Act 1967 presented in Parliament recently, particularly in relations to allowing the aggrieved parties to the Industrial Court award to file a civil appeal with the High Court, would only transform the Industrial Court yet into another court of law and this will certainly make the industrial adjudication more expensive and protracted.
It is submitted that contesting the Industrial Court’s award in the civil courts does more harm than good to the aims of the Industrial Relations Act, which is to provide a speedy, fair and just resolution of differences between parties to the employment contract.
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