PUTRAJAYA: The government is exploring next possible steps following yesterday’s High Court ruling, which determined that a judgment from the Industrial Court is not binding on the United States Embassy due to its immunity.
Human Resources Minister, Steven Sim Chee Keong, stated that the Ministry of Human Resources (KESUMA) takes the decision seriously, and the matter will also be raised at tomorrow’s Cabinet meeting.
“KESUMA regards the court’s decision seriously, and we are closely monitoring it with our legal officers.”
“We need to first review the grounds of judgment because they haven’t been released yet. Our legal officers will also discuss with the Attorney General’s Chambers to determine the next steps,“ he told reporters after the pre-launch of Labour Day celebration, here today.
Yesterday, media outlets reported that the High Court had granted a judicial review application filed by the United States government to overturn an RM66,000 Industrial Court award given to a former security guard, for wrongful dismissal 15 years ago.
The High Court found that the US embassy has immunity and is, therefore, protected from the jurisdiction of the Industrial Court concerning the claim.
As for the calls to reassess the memorandum of understanding (MoU) concerning formal worker sectors from Indonesia to Malaysia, he confirmed that the issue will be addressed during the Joint Working Committee Meeting between the two countries scheduled for May.
“Malaysia is the host this time. We will discuss and review the issue of the MoU,“ he said.
Previously, Indonesia called for a review of the MoU covering formal worker sectors from the country to Malaysia, particularly in plantation and construction, as it has not been revised for 20 years.
Indonesia’s Ambassador to Malaysia, Datuk Hermono, emphasised the importance of embassy participation in monitoring the recruitment process of workers to Malaysia and tackling wage issues to ensure alignment with Malaysia’s minimum wage policy.
He clarified that Indonesia and Malaysia have signed two MoUs related to migrant workers covering all sectors in 2004, adding that the specific MoU regarding Indonesian domestic workers was ratified by both countries on April 1, 2022.