Malaysia is one of Asia's biggest employers of foreign labour. But recently, cases of deaths, abuse and forced labour have come to light. What is going on? Who is protecting these migrant workers?
INDUSTRIAL COURT, KUALA LUMPUR
P IRUTHAYARAJ D PAPPUSAMY; EMPLOYEES’ PANEL: KUNASEGARAN SANKARA PILLAI; EMPLOYERS’ PANEL: CHUNG BOON POH
AWARD NO. 1121 OF 2014 [CASE NO: 4/3-406/12]
30 SEPTEMBER 2014
The union contended inter alia that the company had attempted to promote the President of the union, without his consent, to a managerial grade to hinder his participation in the lawful activities of the union and had been involved in union busting activities. The company on the other hand contended that it had not been involved in any union busting activities as the President of the union, despite his promotion, had remained its President. The sole issue that arose for determination before the Court was whether the company had been in contravention of s. 4(1) and (2) of the IR Act 1967.
It is obvious that the company had taken various steps or measures to interfere and disrupt the union’s activities by attempting to promote En. Shatiri as the union President (without obtaining his agreement) to the Managerial Grade in order to place him outside the scope of union representation. Besides this the company even demoted En. Shatiri to his former post and grade when in the first place he had not accepted the said promotion.
These actions of the company have been actually captured in the union’s complaint under ss. 4, 5and 7 of the IR Act, 1967 as highlighted above [see pp. 28 to 31 of Bundle UB1 i.e The company must respect and give credence and practical effect to past practice of seeking the union member’s acceptance before promoting him.)
Accordingly the court has ruled that union President’s promotion is wrongful and consequently his demotion has also been ruled as being unlawful and/or an unfair labour practice, this court therefore based on equity and good conscience logically orders and directs that with immediate effect the Company shall remove from its records the promotion and demotion of En. Shatiri pursuant to the powers contained in s. 30(6) of the IR Act 1967 as there is clear rational nexus between union’s complaint and the just and equitable relief granted by this court in order to resolve the dispute under reference pursuant to s. 8(2A) of the IR Act 1967.
Download pdf: AWARD_21052
Address: Wisma MTUC,10-5, Jalan USJ 9/5T, 47620 Subang Jaya,Selangor | Tel: 03-80242953 | Fax: 03-80243225 | Email: sgmtuc@gmail.com.com