Abstract
Upon notification by the Director General of Industrial Relations (DGIR) and by virtue of Section 20(3) of the Industrial Relations Act of Malaysia, the Human Resource Minister is conferred a discretion on whether or not to refer the dispute to the Industrial Court of Malaysia for adjudication. This is known as the “referral level.” After the Minister has perused and inspected the facts and circumstances regarding the dismissal and is satisfied that the representation of the dismissed party is not frivolous or vexatious, the Minister may refer the case to the Industrial Court to be adjudicated. Unlike ordinary civil courts, the Industrial Court cannot be approached directly by an aggrieved party unless the party’s matter has been referred to the said Court by the Minister. This paper explains the Ministerial discretion process and highlights the problems that may occur when the Minister decides on whether to refer or not to refer the matter to the Industrial Court.
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