PUTRAJAYA, April 2 — The government is exploring the next possible steps following yesterday’s High Court ruling, which determined that a judgment from the Industrial Court is not binding on the United States (US) Embassy due to its immunity.
Human Resources Minister Steven Sim Chee Keong said the Human Resources Ministry (MOHR) takes the decision seriously, and the matter will be raised at tomorrow’s Cabinet meeting.
“MOHR 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 have not been released yet. Our legal officers will also discuss with the Attorney-General’s Chambers to determine the next steps,” he said to the press after the pre-launch of the Labour Day celebrations today.
Yesterday, the High Court granted a judicial review application filed by the US government to overturn an RM66,000 Industrial Court award given to a former security guard for wrongful dismissal 15 years ago.
The High Court found that the embassy has immunity and is therefore protected from the Industrial Court’s jurisdiction concerning the claim.
As for the calls to reassess the memorandum of understanding (MoU) concerning formal worker sectors from Indonesia to Malaysia, Sim said the issue will be addressed during the Joint Working Committee Meeting between the two countries next month.
“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 plantation and construction, as it has not been revised for 20 years.
Indonesia’s Ambassador to Malaysia Datuk Hermono said it is important for the embassy to participate in monitoring the recruitment process of workers to Malaysia and tackling wage issues to ensure alignment with Malaysia’s minimum wage policy.
He added that Indonesia and Malaysia signed two MoUs related to migrant workers covering all sectors in 2004, and the specific MoU regarding Indonesian domestic workers was ratified by both countries on April 1, 2022.
— Bernama
