MOHAMMAD ZAMANI BIN IBRAHIM V ARH JURUKUR BAHAN SDN BHD
(AWARD 1050 OF 2020)
The advent of the Movement Control Order have impeded to commencement or completion of matters that are pending trial in the Industrial Court and the Industrial Court has been open to overcome the impediments with the utilization of Technology.
The Court held that In determining whether to allow or reject the application, the court took into consideration whether the video link is prejudicial to any party and if this reference can be expeditiously determined in and whether the reference can be expeditiously determined in accordance to equity, good conscience and the substantial merits of the case without regards to technicalities and legal form.
The Industrial Court cited the Federal Court case of Wong Yuen Hock V Syarikat Hong Leong Assurance Sdn Bhd & Another Appeal [1995] 3 CLJ 344 held that in the settlement of any difference or disputes between employers and workmen, the wide powers given to the Industrial Court under Section 29 of the Industrial Relation Act(IRA) include the expeditious determination of the matter before it. It is essential that when a reference is made under S20(3), the paramount function of the Industrial Court is to deal with “substantial merits of the case without regard to technicalities and legal form in addition to determining the dispute with a sense of urgency.
The Industrial Court is of the opinion that Section 29(g) of the IRA empowers the court to allow the evidence of Claimant’s witnesses to be completed by way of VC which will, in turn, ensure efficient, fair and expeditious disposal of the reference. It would not be fair to the Claimant if the Claimant’s witnesses are not permitted to give their evidence through VC as the Claimant will not be able to present its case fully in dealing with the issue of the dismissal. The Court takes into consideration that the Claimant’s witnesses are unable to be in Malaysia in view of the Covid-19 pandemic.
