Govt mulling next steps after US embassy deemed immune from court’s jurisdiction

Grounds of judgment in unfair dismissal case to be reviewed first, says HR minister

2:32 PM MYT

 

PUTRAJAYA – The government is exploring its next possible steps following yesterday’s high court ruling that determined that a judgment from the industrial court would not be binding on the US embassy due to its immunity.

Human Resources Minister Steven Sim stated that his ministry was taking the decision seriously, and the matter would also be raised at tomorrow’s cabinet meeting.

“(The Human Resources Ministry) regards the court’s decision seriously, and we are closely monitoring it with our legal officers.

“We need to first review the grounds of judgment because they haven’t been released yet. Our legal officers will also discuss with the Attorney-General’s Chambers to determine the next steps,” he told reporters after a pre-launch for the Labour Day celebration, here today.

Yesterday, media outlets reported that the high court had granted a judicial review application filed by the US government to overturn a RM66,000 industrial court award given to a former security guard for wrongful dismissal 15 years ago.  

The high court found that the US embassy had immunity and was therefore protected from the jurisdiction of the industrial court concerning the claim.  

As for the calls to reassess the memorandum of understanding concerning formal worker sectors from Indonesia to Malaysia, he confirmed that the issue would be addressed during the Joint Working Committee Meeting between the two countries scheduled for May.

“Malaysia is the host this time. We will discuss and review the issue of the MoU,” he said.

Previously, Indonesia called for a review of the MoU covering formal worker sectors from the country to Malaysia, particularly in the plantation and construction industries, as it had not been revised for 20 years. 

Indonesia’s ambassador to Malaysia, Datuk Hermono, emphasised the importance of embassy participation in monitoring the recruitment process of workers to Malaysia and tackling wage issues to ensure alignment with Malaysia’s minimum wage policy. 

He clarified that Indonesia and Malaysia had signed two MoUs related to migrant workers covering all sectors in 2004, adding that the specific MoU regarding Indonesian domestic workers was ratified by both countries on April 1, 2022. – April 2, 2024

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