The Bar Council has, for the first time, been invited by a government ministry to provide direct input with regards to a ministerial project - the proposed restructuring of the Industrial Court.

In announcing this today, Human Resources Minister Dr Fong Chan Onn said the decision was made given the fact that the Malaysian Bar was a key player in the administration of the country's justice system.

"Previously, we only got the Bar Council to comment on our draft proposal. This is the first time they will be directly involved," he told reporters after the 50-minute meeting between the two parties in Putrajaya.

Fong said the Bar Council will be included in all discussions pertaining to the Industrial Court restructuring proposal. "We are studying the possible outcome of such a move, and this is where their (the Bar Council's) input will prove invaluable."

"I will also be meeting all Industrial Court chairpersons in two days' time for feedback on the proposed changes. The idea here is for them to facilitate a settlement between parties for speedier disposal."

Early this month, Fong announced changes to the Industrial Court structure, including replacing the chairpersons with judges in order to reduce backlog of cases, totalling around 1,000.

On this, he said: "The idea of elevating the status of Industrial Court chairpersons remains the same but we are trying to get some input on it first. The council agrees that the position of Industrial Court chairperson has to be made more attractive for candidates."

Salary structure

Lawyers, fearing more legal red-tape compared to the informal procedures currently employed in the Industrial Court, suggested that certain amendments be made to the Industrial Relations Act to speed things up.

Lawyers have also been concerned over the increasing number of career administration officers being appointed as Industrial Court chairpersons.

Contacted later, Bar Council chairperson Kuthubul Zaman Bukhari said the invitation by the ministry would allow the Bar Council to contribute its insights into the proposed Industrial Court restructuring.

"We were invited to discuss the plan and for the minister to clear the air following news reports of a proposed merger. The ministry is still studying the proposed changes to the Industrial Court structure," he said.

"I believe there will now be more transparency in the handling of Industrial Court affairs," he said.

At the meeting with Fong, the six-member Bar Council delegation also touched on the appointment of Industrial Court chairpersons, salary structure and the possibility of forming an industrial appellate court.

Lawyers have been pushing for the formation of this industrial appeals court to allow those who wish to challenge awards handed down by the Industrial Court to do so without having to resort to a civil High Court.

Double shifts

"The idea to establish an industrial appellate court is something that we would really like to see happen soon," said Kuthubul.

"We want a proper appeal process to be given as a right. Some amendments may have to be done to related laws if the idea is accepted by the government."

Fong is also expected to get feedback on the proposed Industrial Court changes from the Malaysian Trades Union Congress (MTUC) and the Malaysian Employers Federation.

On the Bar Council's proposal to prioritise the 6,000-case backlog at the Industrial Relations Department, Fong said 60 officers were already working hard to clear them.

"They include 20 temporary officers hired to speed up the job. They are all working double shifts between 5pm and 10pm.

"I'm confident we can clear the backlog within six months at an average of 1,000 matters per month," he said.

Fong added that he had met with MTUC secretary-general G Rajasekaran last week to discuss the matter.