RE: PART (2) : (1) TRIALS/ HEARINGS DURING CMCO (2) INDUSTRIAL COURT’S CMCO DIRECTIVE

Dear Members of the Perak Bar and Pupils in Chambers,

 

We refer to the circular blasted out earlier today in regards to the above.

 

 1)             To clarify certain members’ confusion in regards the word “hearings”, kindly be noted that it only refers to physical hearings. To clarify further, it means to only hearings which require the physical attendance of parties to the physical court premises. It does not include hearings done via online platforms. Sadly, certain lawyers are using our previous circular to prevent online hearings from taking place. (Bicara yang dimaksudkan adalah hanya perbicaraan yang memerlukan kehadiran fizikal pihak-pihak di dalam sesebuah bangunan mahkamah fizikal. Ianya tidak merangkumi perbicaraan yang dijadualkan untuk dibicarakan atas talian).

 

 2)             Secondly, the Directive mentioned in our earlier circular regarding the Industrial Courts is specific to the Industrial Courts only and NOT to the Labour Courts which is under the purview of each districts’ Labour Offices (Jabatan Tenaga Kerja). Unfortunately, there were certain members who misunderstood the Industrial Courts and the Labour Courts to be one and the same. As such, we have been informed as it stands that the Labour Courts are proceeding with all their matters including trials/ physical hearings.

 

3)             We have since contacted the Co-Chairperson of the Industrial and Employment Law Committee (IELC) of the Bar Council in regards to this and apparently, this is the position of the Labour Courts in the whole of Semenanjung. The IELC will be taking this matter up with the Minister of Human Resources to clarify its position as to why the IR Courts and Labour Courts, both of which are under the purview of the Human Resources Ministry have differing directives. Meanwhile, we have been advised to inform members to write into their respective Labour Courts to request to vacate their physical hearings/trials if they or their witnesses do not intend to proceed in fear of the pandemic. However currently as it stands, the prerogative to proceed or not is still with that respective Labour Court. (Kindly take note that some members have in fact expressed their desire to not proceed, hence we are stating this advice. We also understand that some members would instead gladly like to proceed with their trials/ physical hearings and as such, kindly just proceed.)

Do feel free to contact us to clarify any other doubts or highlight any other issues.

Thank you.

 

Balakrishna Balaravi Pillai
Chairperson
Courts Liaison Committee    
 
© 2020 All rights reserved by The Perak Bar Committee

Powered by Infinitas Technologies (M) Sdn. Bhd.

Perak Bar

FREE
VIEW