How the Court decides the Law
If the local employees want to sue the embassy, and the court finds that the embassy has immunity here, then the suit cannot be taken out in Malaysia. They would have to do so at the embassy's country of origin, which many would forgo as it would take a lot of time and money.
In 2017, the UK's Supreme Court found the law to be incompatible with the European Convention on Human Rights as it gave foreign states immunity from UK law regarding employment disputes brought by workers in diplomatic missions.
Recommendation
Malaysia's immunity law went against the Federal Constitution as they impinge on a person's right to livelihood and equal access to justice.
- Malaysia is called to emulate the UK which in 2022 proposed amendments to its State Immunity Act 1978 that will allow workers in embassies and consulates to take their employment cases to court.
- Malaysian law should be updated to allow every Malaysian, even those working for foreign countries and organisations, the right to sue in Malaysia and limit the immunity of these countries particularly on matters such as unfair dismissal and breach of contract.
Source: Sean Augustin, Free Malaysia Today, 22 September 2023
