The Old Ministerial Screening Step Has Ended
Older articles describe a referral step your claim no longer has to pass.
What the case decided
Hong Leong Equipment Sdn Bhd v Liew Fook Chuan dealt with the old system for referring cases to the Industrial Court. The Court of Appeal decided it in 1996, reported in the Malayan Law Journal (MLJ) at [1996] 1 MLJ 481.
Under the older system, the Minister decided whether an unfair dismissal claim would be referred to the Industrial Court at all.
The Court of Appeal held that this ministerial decision was itself open to judicial review.1
What the principle means plainly
This case is mostly useful as background today.
At the time, a worker’s claim could stop entirely if the Minister declined to refer it, so a legal challenge to that refusal mattered a great deal. The whole screening layer has since been removed.
What it means for a worker
The Industrial Relations (Amendment) Act 2020 came into force on 1 January 2021.
Since then, a case that does not settle at conciliation with the Industrial Relations Department (JPPM) is referred directly to the Industrial Court.2
You no longer need a separate referral decision from the Minister, which makes the route from a written representation to a hearing more predictable. If an older article mentions that step, it describes a rule that has gone.
Where this fits in a claim
This case is background to the Section 20 representation process. Your case still has to go through conciliation first.
Outcomes at the Industrial Court depend on the facts, and no result is promised.
The 60-day window to lodge a representation still applies, so check the deadline calculator soon.
If your claim is at or past conciliation and you want a lawyer to act, an independent employment lawyer can review where it stands. They can act for you at the Industrial Court if it is a case they can take on.
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
What did this case decide?
The Court of Appeal held that the Minister's decision not to refer an unfair dismissal claim to the Industrial Court could be challenged by judicial review. It was an important check during the years when the Minister screened which cases proceeded.
Does the Minister still screen unfair dismissal claims today?
No, since the Industrial Relations (Amendment) Act 2020 came into force on 1 January 2021, a case that does not settle at conciliation goes directly to the Industrial Court. The old screening step no longer applies.
Why mention a case about a step that no longer exists?
It explains why your case now proceeds automatically once conciliation fails, rather than depending on a separate referral decision. Understanding the old system makes the current direct route easier to follow.
Sources
- The Minister's decision not to refer an unfair dismissal claim to the Industrial Court was open to judicial review. MECA, Industrial Relations Act 1967 Guide
- Since the Industrial Relations (Amendment) Act 2020 came into force on 1 January 2021, a case that does not settle at conciliation is referred by the Director General directly to the Industrial Court. MECA, Industrial Relations Act 1967 Guide
Keep reading
If your claim is at or past conciliation and you want a lawyer to act, an independent employment lawyer can review where it stands. They can act for you at the Industrial Court if it is a case they can take on.
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.