Open AccessDISPUTE RESOLUTION MECHANISM IN AN INDUSTRIAL RELATIONS IN MALAYSIA: A REVIEW
Author(s) -
Mumtaj Hassan,
Marina Hj. Hashim
Publication year - 2020
Publication title -
international journal of law, government and communication
Language(s) - English
Resource type - Journals
ISSN - 0128-1763
DOI - 10.35631/ijlgc.519006
Subject(s) - conciliation , arbitration , industrial relations , dispute resolution , dispute mechanism , negotiation , alternative dispute resolution , mechanism (biology) , law and economics , law , business , online dispute resolution , mediation , political science , economics , philosophy , epistemology
Employers, employees, and trade unions are in reliance on each other. Any acrimonious between employers, employees, and trade unions exigently to be resolved to maintain a harmonious industrial relationship. The parties have the option either to resolve the said dispute through the mechanism of alternative dispute resolutions of the court of law. Therefore, the objective of this paper is to discuss the alternative dispute resolutions with particular reference to the Industrial Relations Act 1967. The methodology used in this paper is pure legal research and data is collected from decided cases, journals, legal documents, articles, and textbooks. The findings reveal that there are several alternative dispute resolution mechanisms as therein provided under the Industrial Relations Act 1967, viz conciliation, fact-finding, and investigation, as well as arbitration. Apart from the above said mechanism under the Industrial Relations Act 1967, industrial disputes can also be solved by the way of direct negotiation.