Why This Screening Step Is History Now
Why the old ministerial screening step this case dealt with no longer applies.
What The Case Decided
Hong Leong Equipment Sdn Bhd v Liew Fook Chuan dealt with the old system for referring cases to the Industrial Court.
The Court of Appeal decided it in 1996, reported at [1996] 1 MLJ 481.
Under the older system, the Minister decided whether an unfair dismissal claim would be referred to the Industrial Court at all.
The Court of Appeal held that this ministerial decision was itself open to judicial review 1.
What The Principle Means Plainly
This case is mostly useful as background today.
At the time, a worker’s claim could stop entirely if the Minister declined to refer it.
A legal challenge to that refusal mattered a great deal.
That entire screening layer has since been removed from the process.
What It Means For A Worker
The Industrial Relations (Amendment) Act 2020 came into force on 1 January 2021.
Since then, a case that does not settle at JPPM conciliation is referred directly to the Industrial Court 2.
You no longer need a separate referral decision from the Minister.
This makes the route from a written representation to a hearing more predictable.
Knowing this history helps explain why older articles describe a referral step that has since changed.
Where This Fits In A Claim
This case sits in the background of the Section 20 representation process.
It explains why the direct referral rule exists today.
Your case still has to clear conciliation first.
Outcomes at the Industrial Court always depend on the facts, with no result promised.
Since the sixty day window to lodge a representation still applies, check the deadline calculator soon.
Understanding how your case moves from conciliation to the Industrial Court today is something an employment lawyer can walk you through clearly.
Common questions
What did this case decide?
The Court of Appeal held that the Minister's decision not to refer an unfair dismissal claim to the Industrial Court could be challenged by judicial review. It was an important check during the years when the Minister screened which cases proceeded.
Does the Minister still screen unfair dismissal claims today?
No, since the Industrial Relations (Amendment) Act 2020 came into force on 1 January 2021, a case that does not settle at conciliation goes directly to the Industrial Court. The old screening step no longer applies.
Why mention a case about a step that no longer exists?
It explains why your case now proceeds automatically once conciliation fails, rather than depending on a separate referral decision. Understanding the old system makes the current direct route easier to follow.
Sources
- The Minister's decision not to refer an unfair dismissal claim to the Industrial Court was open to judicial review. MECA, Industrial Relations Act 1967 Guide
- Since the Industrial Relations (Amendment) Act 2020 came into force on 1 January 2021, a case that does not settle at conciliation is referred by the Director General directly to the Industrial Court. MECA, Industrial Relations Act 1967 Guide
Keep reading
Understanding how your case moves from conciliation to the Industrial Court today is something an employment lawyer can walk you through clearly.