THE UNITED STATES OF AMERICA v. MENTERI SUMBER MANUSIA & ORS AND ANOTHER APPEAL
FEDERAL COURT, PUTRAJAYA
AZAHAR MOHAMED CJ (MALAYA)
ZABARIAH MOHD YUSOF FCJ
HASNAH MOHAMMED HASHIM FCJ
[CIVIL APPEAL NOS: 01(f)-18-10-2021(W) & 01(f)-19-10-2021(W)]
20 JUNE 2022
[2022] CLJ JT (6)

Abstract – The scheme of the Industrial Relations Act 1967 ('IRA') makes it clear that it is only the Industrial Court which is conferred with an adjudicatory function. Hence, in a case of a reference of a representation under s. 20 of the IRA, the Minister of the Human Resources could not assume a function expressly reserved for the Industrial Court. If the representation raises serious questions of fact or law calling for adjudication, it ought to be referred to the Industrial Court. In this case, the issue pertaining to restrictive doctrine of sovereign immunity is within the purview of the Industrial Court and hence, the Minister was right in his decision to refer the matter to the Industrial Court.

LABOUR LAW: Employment – Termination of employment – Termination of employment of employee of US Embassy – Reference by Minister to Industrial Court – Whether representation raised serious questions of fact or law – Whether restrictive doctrine of sovereign immunity applicable – Whether Industrial Court proper forum to determine matter – Whether reference by Minister determined question of immunity – Whether Minister's decision tainted with illegality, irrationality or procedural impropriety – Industrial Relations Act 1967, s. 20(3)

LABOUR LAW: Reference – Reference by Minister – Termination of employment of employee of US Embassy – Reference to Industrial Court – Whether representation raised serious questions of fact or law – Whether restrictive doctrine of sovereign immunity applicable – Whether Industrial Court proper forum to determine matter – Whether reference by Minister determined question of immunity – Whether Minister's decision tainted with illegality, irrationality or procedural impropriety – Industrial Relations Act 1967, s. 20(3)