Implications of the Employment Amendment Act 2022 on the Labour Court in Malaysia
List of Authors
  • Kamal Halili Hassan, Mohd Shahril Nizam Md Radzi

Keyword
  • Malaysia, Employment Act 1955, Employer, Employment Act Amendment 2022, Labour Court

Abstract
  • The "Labour Court" established under the Employment Act (EA)1955 is essentially a term referring to the authority of the Director-General of Labour (DGL) to hear complaints regarding violations of the Act's provisions. The Labour Court has limited jurisdiction and is confined to the provisions of the EA. However, it is a court that is accessible and affordable for workers seeking to address breaches of fundamental rights or employment contract terms. The 2022 amendments to the EA have expanded the jurisdiction of the Labour Court. These powers include, among others, hearing claims related to issues of discrimination, the definition of a ‘worker’ under an employment contract and addressing the increasing number of claims resulting from the Act's extended application to all employees. The challenges faced by the Labour Court following the 2022 amendments are significant, as it will not only bear a higher workload but also handle more complex issues. Using a doctrinal methodology, this article analyses the Sections of the EA amendments that impact the role of the Labour Court. The study finds that while the 2022 amendments pose challenges to the Labour Court, they also have the potential to elevate its status to a higher level. For example, its decision in the case of Mohamad Adam Rahmad, reported in 2024, proved that the Labour Court had managed to handle complex issues on employment contract.

Reference
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