Effect given to the recommendations of the committee and the Governing Body - Report No 305, November 1996

Case No 1552 (Malaysia) - Complaint date: 20-OCT-90 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 43. When it last examined this case at its November 1995 meeting (see 300th Report, para. 25), the Committee had noted that the High Court had granted an application for an order to quash an industrial court award which had dismissed the claims for reinstatement and compensation presented by 21 dismissed workers of Harris Solid-State Sdn-Bhd, and that it had also granted an application by these workers that their case be retried in another division of the Industrial Court. The Committee had requested the Government to keep it informed of the Industrial Court's decision.
2. 44. In a communication dated 7 October 1996 the Government indicates that the Court of Appeal has ordered the reinstatement of the 21 workers dismissed from Harris Solid-State Sdn-Bhd, but that the employers are expected to file an appeal to the Federal Court.
3. 45. The International Metalworkers' Federation (IMF) also supplied information concerning the Court of Appeal judgement in communications dated 21 August and 7 October 1996. According to the IMF's latest communication, all 21 union activists were indeed reinstated and reported for work on 1 October 1996. They apparently have not yet received, however, the back wages for the last six years which were ordered by the Court.
4. 46. The Committee notes this information with interest and requests the Government to keep it informed of any development as regards the implementation of the Court of Appeal judgement.