Relevancy of ouster clause in Malaysia in regards to human rights and natural justice in administrative law / Amanina Ghazali … [et al.]

Ghazali, Amanina and Mohd Amin, Nabihah and Mohd Izahar, Nabilah and Saidin, Nurul Anisah (2013) Relevancy of ouster clause in Malaysia in regards to human rights and natural justice in administrative law / Amanina Ghazali … [et al.]. [Student Project] (Unpublished)

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Abstract

This research paper will be focusing on the relevancy of the application of ouster clauses in Malaysia. We will be focusing on the Industrial Relations Act 1967 in regards to human rights and natural justice. One would think the implementation of ouster clauses will give absolution to the power of the authority in deciding cases brought to the Industrial Court. This is due to the fact that the characteristics of ouster clause are to give finality to the actions taken by the authority and to oust the power of the judicial review of the court. Section 33B of the Industrial Relations Act 1967 states that (1) Subject to this Act and section 33A, an award, decision or order of the Court under this Act (including the decision of the Court whether to grant or not to grant an application under subsection 33A(1)) shall be final and conclusive, and shall not be challenged, appealed against, reviewed, quashed or called in question in any court. (2) Subject to section 33 A, no award of the Court for the reinstatement or reemployment of workman shall be subject to any stay of proceedings by any court. Therefore, this research paper will be focusing to the issues arising from the application of the ouster clauses. This paper would also suggest a few recommendations to further improve the application of the ouster clauses in order overcome the problems arising due to its implementation. Hence, relevancy of ouster clause to the current time will be determined.

Metadata

Item Type: Student Project
Creators:
Creators
Email
Ghazali, Amanina
2011663326
Mohd Amin, Nabihah
2011475526
Mohd Izahar, Nabilah
2011607814
Saidin, Nurul Anisah
2011478308
Contributors:
Contribution
Name
Email / ID Num.
Thesis advisor
Halim, Suzalin
UNSPECIFIED
Subjects: K Law > K Law in general. Comparative and uniform law. Jurisprudence > Comparative law. International uniform Law > Administrative law
Divisions: Universiti Teknologi MARA, Shah Alam > Faculty of Law
Programme: Bachelor in Legal Studies (Hons)
Item ID: 35310
Uncontrolled Keywords: Industrial Relations Act 1967, Malaysia, Human Rights
URI: https://ir.uitm.edu.my/id/eprint/35310

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