Malaysia’s Industrial Court — designed to protect workers’ rights — is facing criticism for increasingly rigid protocols that are allegedly creating barriers for those it is meant to serve, particularly lower-income individuals.
Social Protection Contributors Advisory Association Malaysia (SPCAAM) President J Solomon, in a statement today argued that these self-imposed rules, some of which are stricter than those in civil courts, are causing undue hardship and hindering access to justice for vulnerable workers.
Solomon highlighted the irony of the situation, noting that the very flexibility of industrial arbitration was a key point of discussion during the Industrial Relations Bill debate in Parliament in 1967. The fears of rigidity raised then, he contends, have now become a reality.
He asserts that workers face not only the power imbalance with their employers in the workplace but also similar imbalances when seeking legal recourse.
Solomon cited a specific example of the cumbersome registration process at the Kuala Lumpur Industrial Court, requiring workers to log their details upon entering the building and again on their designated floor.
Furthermore, a strict dress code, including a ban on jeans, sneakers, and sandals, has caused significant embarrassment and inconvenience.
Solomon recounted the case of a bread delivery man from Kota Bharu, Kelantan, who travelled nearly seven hours to the Kuala Lumpur Industrial Court for a hearing. Upon arrival, he was denied entry because he was wearing jeans.
Forced to borrow and exchange a pair of pants from a friend and had to change in a a public restroom The worker had to give evidence while feeling uncomfortable and humiliated.
While acknowledging the importance of neat attire, Solomon questioned the necessity of dictating specific fabrics and argued that if workers are expected to dress like employers, they should also share equally in company profits. He emphasised that the court should ensure workers and their representatives are not discriminated against based on their clothing.
The SPCAAM president expressed concern that the Industrial Court is straying from its core mission of ensuring fairness and equity, replacing it with excessive formalities and legalism that discourage workers and unions from seeking justice.
He acknowledged that while some court chairmen are responsible and fair, others are allegedly delaying hearings for union-referred cases, especially those involving non-compliance with Collective Agreements, while prioritising employer-related cases.
He stressed that “justice delayed is justice denied.”
To address these issues, Solomon called for a significant overhaul of the appointment process for Industrial Court chairmen.
He proposed removing the Minister of Human Resources’ influence and establishing an independent commission composed of tripartite representation (employers, employees, and government) to recommend candidates to the Yang di-Pertuan Agong.
Additionally, he called for employer and worker representatives be selected through a transparent process involving stakeholders and submitted to the same commission. All appointments, he insisted, should require the King's consent, not the Minister's, to guarantee separation of powers and judicial independence.
He also advocated for security of tenure for chairmen, moving away from the current contractual system, which he believes compromises their independence.
Solomon urged lawmakers to intervene and ensure the Industrial Court fulfils its intended purpose, rather than creating its own rigid rules and protocols that ultimately disadvantage the very people it is meant to protect.
He stressed the urgent need for reform to restore the court's credibility and ensure access to justice for all workers.
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