Malaysian Labour Law Conference 2012

Sumitra Penesar with the guys!

The beautiful ladies from Crimson Logic!

Yesterday, I had the opportunity to participate in a conference called “Malaysian Labour Law Conference - A Union between Employments, Labour & Human Resources” organised by Crimson Logic Pte Ltd held at the Impiana Resort Hotel, Kuala Lumpur. I was invited to participate as a member of a Panel discussing about Alternate Dispute Resolution (ADR), a topic called “Industrial Disputes: A Critical Analysis of the Alternate Dispute Resolution Mechanism”. Besides me, the members of the Panel were Steven Thiru (as the Moderator), Muhendaran, Vickneswaran and Y.A Tuan Rajendran Nayagam (Chairman, Industrial Court Malaysia). Steven, Muhendran and Vicky are well known Industrial Court lawyers. Muhendran and Vicky have regularly represented trade unions in industrial relation matters. The Panel Discussion went on really well with each Panel Member giving their respective views on ADR, specifically on Mediation and Conciliation.

The Industrial Court Chairman spoke about Mediation in the Industrial Court while Muhendran touched on certain parts of legislation that dealt with Mediation and Conciliation. Vicky enlighted us with his views on the British model in resolving industrial disputes and Steven, in his usual style moderated the discussion skillfully. He had to,  as he is  our current Bar Council Treasurer and when it comes to the Malaysian Bar’s coffer, he definitely has a sharp eye! As for me, I spoke about my experience in Mediation and some practical mediating skills. From the tone of the discussion from the Panel, I felt Members in the Panel (except for the Industrial Court Chairman and myself) were not so keen on Mediation when it comes to employment disputes. As one of the Panel Members mentioned that most of the time if the dispute is settled out of Court, it was due to private discussion between Counsels who are representing their respective clients and not so much to do with the Mediator. Well, like mentioned in my book, the number one objective in any Mediation is to get parties to communicate. Therefore, if the parties are able to communicate with each other without the Mediator, then they are in good footing in getting the dispute resolved. If the Mediator comes in, it would be just to facilitate to get things moving in a much more efficient way.

All in all, the Conference was a good one. It was conducted in a professional manner by my good friend, Primila Edward and superbly organised by Sumitra Penesar and her team. I must also add that the buffet lunch at Impiana Resort Hotel was very good. My only complaint is that the parking at the hotel is rather narrow and cramp. If you are driving a big car, you need to be extra careful when negotiating the corners. Other than that, good job, ladies!