Section 30

An award made under subsection (1) for the payment of money shall carry interest at the rate of eight per centum per annum, or such lesser rate as the Court may direct, the interest to be calculated commencing on the thirty-first day from the date of the making of the award until the day the award is satisfied;

Provided that the Court, on an application made by the aggrieved party within thirty days from the date of the making of the award, is satisfied that special circumstances exist, may determine any other date from which the interest is to be calculated.

Where the Court is not unanimous on any question or matter to be determined, a decision shall be taken by a majority of members and, if there is no majority decision, by the President or Chairman.

The Court shall make its award without delay and where practicable within thirty days from the date of reference to it of the trade dispute or of a reference to it under subsection 20(3).

Industrial Relations 45

In making its award in respect of a trade dispute, the Court shall have regard to the public interest, the financial implications and the effect of the award on the economy of the country, and on the industry concerned, and also to the probable effect in related or similar industries.

The Court shall act according to equity, good conscience and the substantial merits of the case without regard to technicalities and legal form.

In making its award, the Court may take into consideration any agreement or code relating to employment practices between organizations representative of employers and workmen respectively where such agreement or code has been approved by the Minister.

In making its award, the Court shall not be restricted to the specific relief claimed by the parties or to the demands made by the parties in the course of the trade dispute or in the matter of the reference to it under subsection 20(3) but may include in the award any matter or thing which it thinks necessary or expedient for the purpose of settling the trade dispute or the reference to it under subsection 20(3).

Notwithstanding subsection (6), the Court in making an award in relation to a reference to it under subsection 20(3) shall take into consideration the factors specified in the Second Schedule:

Provided that this section is not applicable to a dismissal that relates to section 4, 5 or 7 of this Act.

Notwithstanding subsection (6), the Court, in making an award in relation to a reference under subsection 20(3) in respect of a deceased workman, shall have the power to award backwages or compensation in lieu of reinstatement or both to the next-of-kin of the deceased workman.

An award may specify the period during which it shall continue in force, and may be retrospective to such date as is specified in the award.

46 Laws of Malaysia ACT 177

The award of the Court shall be signed by the President or the

Chairman of any Division or in the event of the President or the

Chairman for any reason being unable to sign the award by the remaining members.

The Court may rectify in any award any clerical error or mistake arising from any accidental slip or omission.

Agreement during proceeding