Government

1. INTRODUCTION

By looking at our own country, we know that industrial relations between employees and employer do not run smoothly as what it should be. This is because disputes cannot be avoided due to the environment at the working place, misunderstanding, attitude of the person itself, wrongdoing behavior, bias or abuse of power. To overcome the problem and dispute in industrial relation, we must first find the person who can help to settle the dispute. Besides that, we also must know the way how to settle the dispute by following legal action and the right path in order to prevent dispute becoming more serious. In this assignment, our aim is to understand more about what the causes of industrial dispute, the power of Director General of Industrial Relation who is responsible to settle the industrial dispute that has been given authority power to dissolve the problem and the settlement of trade dispute.

1. INDUSTRIAL DISPUTES

Industrial dispute is defined by the Industrial Relation Acts as “any dispute between an employer and his worker which is connected with the employment or non-employment or the terms of employment or the condition of work of any such worker”. Industrial disputes also known as trade disputes. A dispute could be caused by:

1. An individual who has a grievance, and is represented by his union and who has exhausted the grievance procedure without getting a satisfactory result;
2. Different opinion between a union and an employer as to the appropriate terms and conditions of service to the workers;
3. Different opinion as to the interpretation of a collective agreement or Industrial Court award; or
4. Do not implement an agreement or award.

An individual worker’s complaint is termed a ‘grievance’. Only when his union is willing to represent the worker can a grievance lead to dispute. For an industrial dispute to exist, the employee or employees concerned alleged interference by an employer with his right to join or not to join a trade union. The worker may complain to the Director General of Industrial Relation who, if he is unable to settle the problem, can refer it to the Industrial Court. Non-economic factors may also lead to dispute. (Maimunah Aminuddin, 2013, pg.186).

3.0 POWER OF DIRECTOR GENERAL OF INDUSTRIAL RELATION TO RESOLVE INDUSTRIAL DISPUTES

3.1 Power to Make Administration Action

According to the Industrial Relation Act 1967 under section 19A, the Director General of Industrial Relation was authorizing power to resolve the trade dispute. The Director General can resolve any dispute that arises before or after the trade union has been given recognition. Furthermore, any workman or workmen that employed in a managerial, executive, and confidential or security capacity can refer their dispute to the director general according to the section 16(1A) of Industrial Relation Act 1967. The Director General can take any steps or enquiries to settle the dispute.(Industrial Relation Act, 2010). He can take any steps or make investigation which he thinks it is necessary and can help to settle any complaint or dispute.