Malaysia legislation
Section 7r
Section 7r
(2)
Subject to subsection (3), where an employer refuses to inquire into the complaint of sexual harassment as required under subsection (1), he shall, as soon as practicable but in any case not later than thirty days after the date of the receipt of the complaint, inform the complainant of the refusal and the reasons for the refusal in writing.
Labour Ordinance of Sabah (Amendment)
(3)
Notwithstanding subsection (2), an employer may refuse to inquire into any complaint of sexual harassment as required under subsection (1) if—
(a)
the complaint of sexual harassment has previously been inquired into and no sexual harassment has been proven;
or
(b)
the employer is of the opinion that the complaint of sexual harassment is frivolous, vexatious or is not made in good faith.
(4)
Any complainant who is dissatisfied with the refusal of the employer to inquire into his complaint of sexual harassment, may refer the matter to the Director.
(5)
The Director shall, after reviewing the matter referred to him under subsection (4)—
(a)
if he thinks the matter should be inquired into, direct the employer to conduct an inquiry; or
(b)
if he agrees with the decision of the employer not to conduct the inquiry, inform the person who referred the matter to him that no further action will be taken.
Findings of inquiry by employer.