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?
On Sept 17, 2014 the Court of Appeal quashed the decision of the director-general of Trade Unions (DGTU) dated Jan 3, 2011 pursuant to Section 12(1) of the Trade Unions Act 1959 and set aside the registering of Mayneu as a Trade Union – an in-house union in Maybank. The director-general of Trade Unions had registered Mayneu without any consultation with the National Union of Banking Employees (NUBE).
The effect of this decision is that the DGTU was wrong in registering Mayneu and his decision is quashed.
In allowing the appeal for NUBE, the Court of Appeal, amongst others, had said that both the Industrial Relations Act 1967 and Trade Union Act 1959 must be seen to be social legislation to promote, preserve and protect the employees as well as the employers’ right to create what we often term as ‘Industrial Harmony’ for successful ‘Nation Building’.
The Honourable Court has also reminded that arbitrariness in decision making process or asserting that there is right to be arbitrary in dealing with a complaint or appeal and asserting no requirement to act or to act expeditiously by the public decisionmaker is a curse to Industrial Jurisprudence and/or Industrial Harmony.
The Court of Appeal allowed NUBE’s appeal with costs of RM20,000 to be paid by the DGTU and Mayneu each, respectively.
This much-awaited decision is a gift to all members of NUBE who have been grossly discriminated against since 2011 and this decision is an excellent blessing for all non-executive bank workers to unite so that we could protect our interest at work and contribute towards ‘Nation Building’.
NUBE invites those non-executives who have been misled or influenced to break up the unity in NUBE are now welcome to join NUBE so that One United Union could serve its members effectively and it is no other than NUBE which has a proven track record.
Those non-executives in Maybank who may have left NUBE upon being wrongly advised can now approach the nearest branch officials or NUBE branches to make the necessary arrangement to be recruited as members of NUBE.
NUBE advises all non-clericals, clericals, special grade clericals and others to come together so that the future of the employees and their children will be more protected and secured in the banking industry.
Source : : https://www.malaysiakini.com/letters/275331#ixzz4b8bUZ8SJ
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