Friday, August 5, 2016

Interpreting provision under employment act 1955


2. (1) In this Act, unless the context otherwise requires -

"employee" means any person or class of persons—

(a) included in any category in the First Schedule to the extent specified therein; or

(b) in respect of whom the Minister makes an order under subsection (3) or section 2A;

for the purpose of determining whether a part, section or any provision under the act is applicable or not. One must remember the initial interpretation given under section 2.

for example, right of audience under section 85A to represent an employee under civil proceeding. Question arise are we going to be applying interpretation under section 2 which limit it to schedule employee, or we shall include employee under section 69B, since section 69B clearly state the applicability of the part which the right of audience fell into.

If we read together, section 2 and section 69B, then the context requires the interpretation of "employee" shall include employee with wages more than two thousand ringgit but shall not exceed five thousand ringgit.

Another interpretation is, section 69B only furthers the Director General of Labour power to hear, inquire into and decide claim by an employee against an employer, and with specific purpose shall not include any other task including representing an employee under a civil proceeding. The applicability of such part is in order to dispose the claim to the extents of what section 69B were intended to cater, that is to hear, inquire into and decide that's it. Anything further than that shall be exceeding the intention of section 69B.

This has come to my belief that, "a provision under an act of Parliament which can be interpreted with more than one interpretation, even by a layman shall construed as a bad law and need to be amended"

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