Malaysia

NUBE ‘concerned’ over Industrial Court’s handling of trade dispute

The dispute stemmed following allegations of sexual harassment by a former employee against one of her co-workers.

Updated 11 months ago · Published on 25 Jul 2025 7:36PM

NUBE ‘concerned’ over Industrial Court’s handling of trade dispute
The court also barred NUBE from organising pickets. - July 25, 2025

THE National Union of Bank Employees (NUBE) today said it was concerned over the manner the Industrial Court chairman dealt with a recent matter pertaining to a trade dispute.

NUBE claimed that under the law, it is stated that all trade disputes must be heard by the Chairman along with two panel members - representing the employee and the other representing the employer.

"When a decision is made, the views of both these panel members must be sought. In a recent decision by the Industrial Court, Industrial Court Chairman Andersen Ong Wai Leong personally signed off at the bottom of the award.

"This was an error as the Industrial Court was not dealing with a dismissal case. If it was, the matter can be decided by the Industrial Court Chairman on his own.

"This particular matter was a trade dispute, and the Chairman had failed to obtain the views of the panel members," said NUBE secretary-general J. Solomon in a statement.

He was referring to a matter last week where a leading bank obtained an order from the Industrial Court to restrain the union from commenting on an alleged sexual harassment case pending the outcome of a trade dispute between them.

The court said NUBE was barred from issuing statements or posting any on its website or social media sites.

It also barred NUBE from organising pickets.

The dispute stemmed following allegations of sexual harassment by a former employee against one of her co-workers.

The bank applied for interim relief under the Industrial Relations Act (IRA) 1967, seeking an order that NUBE cease and desist from such conduct.

The Industrial Court said the making of disparaging, unfounded, or defamatory remarks against the employer on social media platforms during picketing fell outside the legitimate scope of trade union activities.

Solomon in turn, claimed that the action by the court was tantamount to an injunction and the Industrial Court had no jurisdiction to grant such injunctive relief which would stifle lawful trade union activities carried out by the Union.

He stressed that the action by the Industrial Court Chairman goes against all precepts of justice and does not augur well for a body set up to resolve disputes between employers and employees. – July 25, 2025

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