C.S. 166
CONFIDENTIAL
XCC(70)56
- 4
機密
Enforcement and Appeals
20
Orders of a labour court will be registered in the District Court and enforced as if they were judgments of that court,
21
It is suggested that an appeal to a judge of the Supreme Court should be permitted only on a point of law, or where perjury by a party or witness is alleged, with the leave either of the labour court or of a judge of the Supreme Court. If the Presiding Officer were a Principal Magistrate, the appeal might lie to a District Judge.
22
Where an employer appeals, he should be required to lodge the amount in dispute in the labour court, in order to ensure his compliance with the order of the labour court if his appeal should fail.
Costs
23
These are likely to be much lower than in District Courts because of the absence of legal representatives. However, it seems des- irable to provide for loss of earnings suffered and any expenses incurred by an employee to be recoverable as part of the costs which may be awarded by a labour court.
24
On the other hand, it is intended that the Presiding Officer should have the power to award a penalty, as well as costs, against an employee if he is satisfied that the latter has put forward a frivolous or groundless claim.
25
In order to ensure that witnesses should be able to attend without any loss of earnings, it is proposed to consider whether costs recoverable from a party should include any loss of earnings suffered by a witness.
Offences
26
The absence of lawyers and the relaxation of the rules of evidence increase the risk of perjury. It is intended to empower the Presiding Officer to refer any instance of suspected perjury to the Attorney General for investigation.
27
It is proposed to provide that it shall be an offence for an employer to prevent, or attempt to prevent, an employee from appear- ing before a labour court; legislation of this nature exists in Malaysia and Singapore.
CONFIDENTIAL
機
密
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