When Does Time Run Out?

Muhamad Zuki bin Mat Zin v Menteri Sumber Manusia & Syarikat Bekalan Air Selangor Sdn Bhd
(Application for Judicial Review No WA-25-150-04/2019)

When an employee has been dismissed, internal company procedures allowing an avenue for further appeal will not affect the statutory timeframe for filing representations of unfair dismissal, the High Court held on 29 October 2019.

An employee of SYABAS had been dismissed with effect from 4 October 2018. His appeal to SYABAS was rejected via a letter dated 3 December 2018, and he subsequently filed his representation of unfair dismissal on 3 January 2019.

The very next day, the Director General of Industrial Relations (DGIR) rejected the employee's representation on the basis that it was filed outside the statutory timeframe of 60 days, as provided for under s 20 (1A) of the Industrial Relations Act 1967.