Why Your Claim Asks For Your Job Back
Your claim form asks for your job back even if you would rather have money.
What the case decided
Holiday Inn Kuching v Elizabeth Lee Chai Siok is reported at [1992] 2 CLJ (Rep) 521. The High Court held that the Industrial Court loses jurisdiction if the worker no longer seeks reinstatement.1
What a later case changed
In Sanbos (M) Sdn Bhd v Gan Soon Huat, the Court of Appeal did not follow Holiday Inn. It held that the Industrial Court keeps jurisdiction once the claim is referred to it, even if the worker no longer seeks reinstatement.2
What it means for a worker
When you lodge your representation, you are technically asking for your job back, even if that is not your real preference.
Do not drop that request without advice. Ask a lawyer how the current law applies to your facts.
Where this fits in a claim
This case sits at the reinstatement stage of a Section 20 claim. Dr James Alfred v Koperasi covers how back wages are calculated.
Whether you end up with your job back or compensation depends on the facts of your case, and no particular result is promised.
Since the claim itself has to be lodged on time, check the deadline calculator before deciding on a remedy.
What to write down
Note the date you were dismissed and what remedy you want, whether your job back or compensation.
Keep your dismissal letter and any messages from your employer. These help a lawyer see your options quickly.
What to ask a lawyer
Ask which remedy suits your situation and how the current law treats a worker who no longer wants the job.
Ask too whether the 60-day deadline has been met, since that comes before any choice of remedy.
If you are deciding between reinstatement and compensation for your dismissal, an independent employment lawyer can review your circumstances and pursue the remedy you choose if you have grounds.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.
Common questions
Why does my Section 20 form ask for reinstatement?
The remedy the law frames first under Section 20 is reinstatement to your old job. Your claim starts there, even if your real wish is different.
What did Holiday Inn Kuching v Lee decide?
The High Court held that the Industrial Court loses jurisdiction once the worker no longer wants reinstatement. It is reported at [1992] 2 CLJ (Rep) 521.
Does dropping my request for my job back end my claim?
The Court of Appeal later did not follow that view in Sanbos v Gan Soon Huat. Ask a lawyer how the current law applies to your facts.
Sources
- In Holiday Inn Kuching v Elizabeth Lee Chai Siok, the High Court held that the Industrial Court loses jurisdiction if the worker no longer seeks reinstatement, because the worker must still want his job back. R Jayabalan, Justifying Dismissal at the Industrial Court and the Effect of Rejection of Reinstatement
- In Sanbos (M) Sdn Bhd v Gan Soon Huat [2021] 4 MLJ 924, the Court of Appeal did not follow Holiday Inn and held that the Industrial Court keeps jurisdiction once the claim is referred to it under Section 20(3), even if the worker no longer seeks reinstatement. R Jayabalan, Justifying Dismissal at the Industrial Court and the Effect of Rejection of Reinstatement
Keep reading
If you are deciding between reinstatement and compensation for your dismissal, an independent employment lawyer can review your circumstances and pursue the remedy you choose if you have grounds.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.