Malaysian workers are in a very poor state of affairs. Unfair dismissals today are on the rise but access to justice is besieged by several technicalities, the most unfair being our current industrial

relations practice.

The setbacks of the current industrial relations practices are:

1. Inexperienced officers, unable to enforce the reinstatement of worker evens in the most glaringly unfair dismissal cases;

2. Reconciliation officers are currently busy focusing on the KPIs accredited to them instead of putting their heart and soul into resolving unfair dismissals;

3. The non-referral of unfair dismissal cases to the Industrial Court based on the Human Resources Minister's discretion.

This is no longer a case of ‘justice delayed is justice denied' but a case of an ‘absolute denial of justice for an unfairly dismissed worker'.

A dismissed employee who wishes to challenge the non-referral of his dismissal to the Industrial Court by the minister will be plunged into financial woes for he will have to apply for a judicial review from the high court.

This not only puts the minister in bad light but the entire government too as it strips a citizen of a basic fundamental human right especially when the ministry of human resources is busy promoting a ‘Decent Work Agenda'.

This process for seeking justice is becoming a burden for many dismissed employees and trade unions in the country. The minister and/or the government should not be an obstacle for a worker and or his union to seek justice.

The Naional Union of Bank Employees therefore supports amendments to the Industrial Relations Act 1967 as urged by Federal Court Justice Gopal Sri Ram in order to provide a dismissed employee direct access to the Industrial Court.

The Industrial Relations Act has thus far proven its lack of effectiveness and is a unnecessary obstacle to justice.

Nube further urges the government to ensure that the Industrial Court remains a court of equity and good conscience instead of becoming a court of technicalities.

The writer is general-secretary, Nube .