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THE NATIONAL UNION OF BANK EMPLOYEES (NUBE) has been actively involved in defending the rights of its members.
WHEN YOU ARE AN EMPLOYEE, YOU NEED YOUR UNION.
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10 August 2016
At the Court of Appeal
malaysiakini.com @malaysiakini
Maybank loses its defamation suits against NUBE
Maybank today lost all five defamation suits against the National Union of Bank Employees, at the Court of Appeal, which unanimously ruled that Section 22(1) of the Trade Unions Act 1959, accorded it absolute exemption of liability from the tort of libel.
The decision was made by a three-member bench led by Justice Lim Yee Lan, with Justice Varghese George Varughese and Justice Harmindar Singh Dhaliwal.
Section 22 (1) under the title of liability of tort states: A suit against a registered trade union or against any members or officers thereof, on behalf of themselves and all other members of the trade union, in respect of any tortious act alleged to have been committed by or on behalf of the trade union, shall not be entertained by any court.
NUBE general secretary, J Solomon, in a statement today said the five defamation suits were brought by Maybank against NUBE and its officers due to the publication of a flyer and two articles on the union website.
The suits were filed separately against NUBE officers Mohd Faisal Hussin, Nur Rasidah Jamaludin, Sharifuddin Hassan and Sethupathy Thiaganaian at the High Courts in Johor Bahru, Kuala Lumpur and Shah Alam.
The bank also filed another suit against Solomon in Kuala Lumpur.
Maybank won in their suits against Faisal, Nur Rasidah and Sharifuddin, and were awarded damages by the High Court of between RM30,000 to RM100,000. It lost in its cases against Sethupathy and Solomon.
However, those who lost their cases filed appeals, and the appeals were heard jointly today.
This resulted in the Court of Appeal ruling today that NUBE and its officers were conferred with absolute exemption of liability for libel.
“It also ruled that there is no ambiguity in the construction of Section 22(1) Trade Unions Act 1959, wherein a suit against a trade union and its officers in respect of any tortious act alleged to have been committed by or on behalf of the trade union, shall not be entertained by any court,” Solomon said in the statement.
https://www.malaysiakini.com/news/351832?utm_source=dlvr.it&utm_medium=twitter
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31 December 2014
At the KL High Court
NST
Maybank loses defamation suit
By KHAIRAH N. KARIM – 31 December 2014 @ 5:20 PM
KUALA LUMPUR: Malayan Banking Berhad (Maybank) today lost in its suit against the National Union of Bank Employees (NUBE) and its general secretary J.Sandargan Solomon over defamatory statements of the company on the NUBE website in 2011.
High Court Judge Datuk Hue Siew Kheng in dismissing the suit ruled that the trade unions and its officers have absolute immunity from lawsuits under Section 22 of the Trade Unions Act 1959.
“The defendants are immune from being sued under Section 22 of the Act,” she said in her brief judgment.
The ruling was made after the court heard evidence from three witnesses from the bank and Solomon.
Hue further ordered Maybank to pay RM30,000 in costs to the defendants.
http://www.nst.com.my/node/67978
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Malaysiakini
7:26AM Sep 22, 2014
By J Solomon
NUBE hails appellate court decision on Mayneu
The Court of Appeal has ordered that the registration of the Maybank Non-Executives Union (Mayneu) be set aside.
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.
..
J SOLOMON is general-secretary, National Union of Banking Employees (NUBE).
http://www.malaysiakini.com/letters/275331
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Free Malaysia Today
17% Nube members caught in debt trap
A union official says banks are dishing out credit cards like candy.
PETALING JAYA: Banks are dishing out credit cards without concern for the financial health of their clients, according to the National Union of Bank Employees (Nube).
Speaking to FMT, Nube assistant secretary-general A Karuna said banks were behaving like irresponsible adults feeding candy to children whose teeth were already rotting.
She said 17.12% of Nube members were going through hard times because they had accumulated debt through their credit cards.
“That percentage translates into about 27,000 of our members,” she said, adding that the figure probably represented only a small portion of Malaysians trapped in credit card debt.
“There are many out there, especially youngsters, who are suffering for lack of proper financial management.”
http://www.freemalaysiatoday.com/category/nation/2014/05/29/17-nube-members-caught-in-debt-trap/
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HLB merged with EON Bank in 2011.
Free Malaysia Today
Hong Leong saved by Najib connection?
Nube says the authorities have not acted against the bank despite complaints about discrimination.
KUALA LUMPUR: The National Union of Bank Employees (Nube) today accused Hong Leong Bank Berhad (HLB) of marginalising employees who are appealing against transfers orders.
Its secretary general, J Solomon, said the union had complained to various authorities to no avail.
He speculated that the bank was being let off the hook because one of its directors is Prime Minister Najib Tun Razak’s brother.
“How is it that HLB is exempted from the law?” he said. “Is it because Nazim Razak is a member of the board of directors?”
HLB merged with EON Bank in 2011. As part of the restructuring, HLB gave transfer orders to some employees, but a number of them refused to budge while waiting for replies to their appeals.
Among their complaints was that their salaries would not cover the higher living costs they would incur in the towns they were assigned to.
Nube said the defiant employees were now subject to discriminatory actions by the bank. For example, according to Nube assistant secretary general A Karuna, they are not allowed access to the toilets and the Muslims among them are allegedly barred from the suraus.
Karuna also said they had not been paid their December salaries and contractual bonuses.
http://www.freemalaysiatoday.com/category/nation/2014/01/10/hong-leong-saved-by-najib-connection/
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Free Malaysia Today
Bank refutes NUBE’s allegation
FMT LETTER: From Shirin Roesman via e-mail
Hong Leong Bank Berhad (the ‘Bank’) categorically affirms that it is respectful of all religious practices. The Bank respects the religious beliefs of all its employees and is supportive of their freedom to practice their faith.
The allegations against the Bank that it disallowed some NUBE members to pray at the Kelantan and Kuantan branches’ prayer room (or surau) is a gross distortion of the facts. The Bank would like to state that these NUBE members were not staff of the particular branches and, accordingly, could not be allowed access into the secured area (containing the main vault) where the surau is also located.
This is a standard security policy of any financial institution where no one except the staff of that branch is allowed access to its secured area. The Bank reiterates that all its Muslim employees have always been allowed to perform their prayers without any prejudice or interference.
The Bank would also add that it is currently involved in a trade dispute with NUBE which had been referred by the Minister of Human Resource to the Industrial Court. The recent spate of allegations by NUBE against the Bank should be viewed in that light.
The writer is with Hong Leong’s Group Corporate Affairs & PR department
Bank refutes Nube’s allegations
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Free Malaysia Today
Nube blasts Dr Subra’s tenure as HR minister
The former human resources minister should not have consented to in-house unions according to the bank employees union.
KUALA LUMPUR: National Union of Bank Employees (Nube) is disappointed with the actions taken by former Human Resources Minister Dr S Subramaniam when he was in office.
The union today said that Subramaniam’s credential as the Human Resources Minister was tarnished when he favored the formation of in-house unions.
“Subramaniam acted adversely by condoning the actions of the Industrial Relations Department’s director general to form in-house unions very speedily,” said Nube’s secretary general J Solomon during an interview at the union’s headquarters.
Subramaniam who is also MIC deputy president was Human Resources Minister from March 18, 2008 until May 5, 2013. He is currently the Health Minister and Segamat MP.
Subramaniam gave approval to the formation of in-house unions in Maybank which was detrimental against Nube in 2010.
According to Article 6 of the Nube – Malaysian Commercial Banking Association’s collective agreement, Nube is the sole negotiating body representing non – executive bank employees.
“What is the intention of the Human Resources Ministry? They were trying to divide and weaken the union when the minister is empowered to cancel the registration of the in-house unions.
“We were forced to spend RM2 million in legal fees over a period of two years to fight off the registration of the in-house unions,” Solomon said.
Solomon added that Subramaniam also declined to meet Nube officials to discuss issues related to bank employees during his tenure back then.
Nevertheless, Nube has no complaints against the current minister, Richard Riot Jaem.
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Free Malaysia Today
Nube wants govt to stop GST
Nube general secretary J Solomon said by implementing the GST the government does not care for the lower income group.
KUALA LUMPUR: National Union of Bank Employees (Nube) wants the government to reconsider the implementation of the Goods and Service Tax(GST) .
Nube general secretary J Solomon said e said his members will surely struggle as the lower rank staff don’t earn much and GST will be a burden to them.
“The banks and the government are making huge profit but sadly thyey are selfish and do not care about people’s welfare.
“Now-days banks and government are charging for everything.We have called them for a dialogue regarding this issue but they haven’t responded.
Solomon said GST is not a solution to sustain Malaysia’s economy growth.
“The government should look for other solution to sustain the economy,” he said.
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THE NUBE RAISES THE ANTE IN ITS CAMPAIGN AGAINST HONG LEONG BANK, GOING DIRECTLY TO THE PUBLIC!
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Malaysiakini
Hong Leong Bank Bhd (HLB) said it had gone “above and beyond” what was legally required to facilitate the transfer of 49 staff members this year, of whom 27 were sacked for refusing to comply.
The transfers were part of a rationalisation exercise to maintain competitiveness and the bank took steps to ensure that the affected employees received adequate support to facilitate their transfers, HLB said in a statement released yesterday.
The affected employees were informed of the transfers in February and notices were issued in June, with an initial transfer date of Sept 18 that was later delayed until Nov 18.
“Relocation expenses and monthly housing allowances were also provided to those affected. On Nov 18, staff who did not report to their new centres were issued a reminder to report for duty accordingly,” HLB corporate affairs and public relations officer Shirlin Roesman said in the statement.
Yesterday, the National Union of Bank Employees (NUBE) and the Malayan Trades Union Congress (MTUC) said the 27 dismissals were unfair because those affected were unable to relocate themselves to other towns or cities.
HLB: We’ve gone ‘above and beyond’ what’s needed
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Free Malaysia Today
Nube warns Hong Leong Bank
The umbrella union body wants 27-sacked staff of the bank reinstated.
KUALA LUMPUR, Dec 23 (Bernama)– The 40,000-strong Union of Bank Employees (NUBE) today flexed its muscle and warned Hong Leong Bank to reinstate 27 of its sacked members or face the wrath of its entire membership which might affect the bank’s operations and reputation.
The union has so far picketed for 50 hours in front of the bank’s headquarters in Jalan Perak, here, and would continue to do so for 10 hours daily until the matter was resolved, its secretary-general J. Solomon, told a press conference, here.
He said the Malaysian Trades Union Congress (MTUC), of which the NUBE is an affiliate, was fully behind its action to ensure that the workers obtained justice.
Newly re-elected MTUC president, Khalid Atan who was also present at the press conference said the congress would mobilise all its resources to help its affiliate.
Khalid described the sacking as unfair and called on the Human Resources Ministry to use its good offices to settle the issue.
According to Solomon, six MPs had raised the matter in Parliament and Human Resources Minister Richard Riot had promised to provide written answers to their query, but till today no response has been forthcoming from the minister.
The bank was not available for comment.
– Bernama
http://www.freemalaysiatoday.com/category/nation/2013/12/23/nube-warns-hong-leong-bank/
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PERKERJA2 HONG LEONG BANK MOGOK,,DI DEPAN BANK JALAN TUN PERAK SEKARANG..
Wait for a short while and the video will come on!
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For the very FIRST time in history a Demonstration was held IN Putrajaya itself by NUBE ( National Union of Bank Employees) which was to protest about how the CEO of Hong Leong Bank who is said to discriminate its employees.
The protest was held INFRONT of the Ministry of Human Resource’s office…
w.i.w.c
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Free Malaysia Today
NUBE takes bank case to S’pore High Comm
NUBE wants Singapore government to intervene as two Singaporean directors of Hong Leong Bank failed to comply with the collective agreement that union members have the right to refuse a transfer on condition of ‘hardship’.
PETALING JAYA: Around 50 National Union for Bank Employees (NUBE) members gathered this morning, to submit a memorandum to the Singapore High Commission, here, in protest against Hong Leong Bank’s decision to transfer 49 non-executive staff from all over country to three centralised locations.
A Singapore Embassy representative received and acknowledged the memorandum.
NUBE wants the Singapore government to intervene as the two Singaporean Hong Leong Bank (HLB) directors have failed to comply with the collective agreement between NUBE and the bank that state, ‘a bank staff who is a Union member has the right to refuse a transfer based on the condition of hardship’.
…
NUBE assistant general secretary A Karuna said the bank should be sensitive to their staff emotions instead of just transferring them without any consideration and should be moving technology to the people, not the other way round.
“You can easily move the jobs to the people in their original locations using scanners, faxes or other technology,” she said.
Karuna said that they had asked HLB management for justifications for the transfers so many times but the bank has refused to respond.
She said the employees were supposed to report for duty at their new transferred location of work on Nov 18 but as a sign of dissatisfaction at HLB’s refusal to listen to their problems, the affected staff did not do so.
“Most of the affected are women and have families to take care of, the management have not allowed them to continue to work.” she said.
“They just sit on the sofa’s (for the) whole day long. They are not allowed to use the bank’s toilet and the management have issued show cause letters and they will be sacked soon.
…
Karuna lamented that they have approached numerous parties including the Malaysian government but nothing is favouring them.
“I hope at least the Singapore embassy will intervene and understand the emotion of the workers that have been loyal to the bank for a long time,” she said.
NUBE takes bank case to S’pore High Comm
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Published on Nov 12, 2013
“Cries by Hong Leong Bank workers : The story of Ahmad Syariza
Hong Leong Bank workers express their sorrow over the conduct of the bank deliberately forcing them to relocate from Penang to Kuala Lumpur without any justification. Public support is most welcome. Please send email to
Chairman of Hong Leong Bank YB YBhg Tan Sri Quek Leng Chan at LCQuek@hongleong.com.my, Chief Executive Officer of Hong Leong Bank at TanKongKhoon@hongleong.com.my and Minister of Human Resources at richardriot@mohr.gov.my
“Stop the Hubbing and Centralisation by Hong Leong Bank Berhad. Respect workers livelihood”
Your support will be greatly appreciated by the workers
…
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Free Malaysia Today
Transfer necessary, says Hong Leong Bank
Hong Leong Bank Berhad said it has continuously engaged with the National Union of Bank Employees and supported workers affected by the move.
KUALA LUMPUR: Hong Leong Bank Berhad said today that the transfer of its employees was necessary to remain competitive, following a picket organised by the National Union for Bank Employees (NUBE) against the company yesterday.
The bank, in a brief statement, stressed that its engagements and updates with NUBE have been continuous over the matter, debunking the union’s claim that neither it nor the affected workers had been consulted.
“The bank is committed to looking after the welfare of our employees and since informing them about the exercise in February this year, have provided the necessary support to those affected by it so as to facilitate the move,” said Tan Kong Khoon, Group Managing Director and Chief Executive Officer of Hong Leong Bank.
…
NUBE assistant general secretary A Karuna told reporters yesterday the exercise was unnecessary and inflicted emotional pain on the workers.
But Tan said today the move was needed to increase the bank’s operational efficiency and effectiveness to deliver value to our customers.
“The financial landscape is changing rapidly arising from intense competition, increasing costs coupled with margin compression and higher expectations of customers.
“Banks have to strengthen their capabilities and efficiencies in order to remain competitive. Hong Leong Bank is not spared by these changes and the level of competition to become more challenging.
“The rationalisation exercise being carried out is part of HLBB’s continuing efforts to review its business and adapt so as to increase operational efficiency and effectiveness to deliver value to our customers,” said Tan.
Transfer necessary, says Hong Leong Bank
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Free Malaysia today
Forced transfer puts breadwinner in a bind
With a bed-ridden mother and two disabled siblings, a bank employee joins a picket against her employer’s decision to transfer her and her colleagues to different states
KUALA LUMPUR: A sole breadwinner attached with Hong Leong Bank Penang is hoping that she can avoid a transfer to Selangor because of an ailing mother and two disabled siblings.
Ong, in her 20s, was among 300 people who picketed in front of Wisma Hong Leong to protest against the bank’s decision to transfer 50 non-executives from all over country to three centralised locations.
A documentation department staff, Ong is the sole breadwinner in her a family. With a bed-ridden mother and two handicapped siblings at home, she can hardly imagine her life away from Penang.
“I have applied to be transferred to other branches in Penang but was refused. I really hope I can stay in Penang. Without me, I don’t know what is going to happen to my family members,” said Ong.
Ahmad Syahriza, 35, and Nasrina Zolkifli, 28, were also unhappy with their transfers, saying they had settled down with their families in Sungai Petani and Alor Star respectively and wished to remain there.
Hong Leong Bank embarked on a nationwide downsizing exercise termed “hubbing and centralisation” to centralise all of its collection operations to Penang, Kuala Lumpur and Johor Bahru.
It claimed that it was to enhance cost-efficiency, but National Union of Bank Employees (NUBE) said such exercise has no justification and inflicts emotional pains on the workers.
Dialogue with ministry on Tuesday
The affected workers are required to report for duty on Monday (Nov 18).
…
NUBE general secretary J Solomon said the human resource ministry would hold a dialogue between the union and the bank on Tuesday, thus the workers would not report for duty pending to the outcome.
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Malaysiakini
Health Minister Dr S Subramaniam has come under fire from two union bodies – the Malaysian Trades Union Congress (MTUC) and National Union of Bank Employees (Nube) – for making a “false report” to the International Labour Organisation (ILO) two years ago.
PKR’s Kuala Langat MP Abdullah Sani Abdul Hamid, who conducted a press conference on behalf of MTUC at the Parliament lobby today, accused Subramaniam of making the inaccurate report pertaining to Nube’s court case against the Director-General of Trade Unions (DGTU).
On Nov 7, the High Court dismissed Nube’s attempt to challenge the DGTU’s registration of an in-house union for Maybank.
However, MTUC president Khalid Atan (left) said in a statement distributed in Parliament today that Subramaniam had reported to the ILO that the court decided in favour of the DGTU on Oct 5, 2011 itself, two years before the actual decision was made.
Subramaniam was human resources minister at the time he was accused of making the false report to the ILO.
Unions accuse Subramaniam of making ‘false report’
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I WENT TO A BANK TODAY, MY FIRST ON A FRIDAY FOR A LONG TIME.
The clerks/cashiers at the counters had their Friday tee-shirts on.
GOOD FOR THEM!
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Put on Picket Daulat T-Shirt on Every Friday to Work from nube.org.my
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I Support Katheriene shared NUBE Malaysia‘s album.
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NUBE pickets over ‘racially motivated’ dismissal – CJMY – Citizen …
http://cj.my/post/89220/nube-pickets-over-racially-motivated-dismissal/
3 days ago … The National Union Of Bank Employees( NUBE) staged a picket in front of Bank Muamalat headquarters yesterday, following the dismissal of …
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Malaysia Chronicle
Saturday, 27 July 2013 21:43
Union to picket, slams Bank Muamalat for “apartheid policies” against Indian clerk
Written by J Solomon
Apartheid policies practiced by the management of Bank Muamalat came to light when an Indian woman who was employed as a clerk was fired on June 7, 2013.
Katheriene Vimala who has served 22 years in Bank Muamalat was sacked for not being able to attend the Shariah Refresher training programs & Anti-Money Laundering and Counter Financing of Terrorism (AML / CFT) training, which was held on her rest day.
Although there are many clerical workers in other banks that have Islamic banking network but Bank Muamalat (BMMB), a government-linked company, choose to implement more extreme policies in our multi-racial country.
Katheriene Vimala is the only Indian clerk among the Bank Muamalat branches in the northern region in peninsula. There were many others who not did not attend the training program on the same day, 16 March 2013 and gave the same reasons but Katheriene Vimala was the only one chosen for dismissal.
…
However….Katheriene was ruthlessly dismissed, without just cause and in the process violating the dispute settlement consultation procedures set out in the Collective Agreement signed with the NUBE and Natural Justice.
Racially motivated?
NUBE has prima facie evidence in respect of racially motivated dismissal. Does BMMB have any evidence to rebut these accusations? Bank Muamalat has merely been in denial.
…
Prior to this dismissal, Katheriene has been targeted and threatened by Bank Muamalat since 2012. She was once instructed by the Bank Manager to take off her t-shirt in the bank. She was also threatened for protecting the rights of the workers.
The irony is that, BMMB is making every effort to understand and comply with the relevant laws of the Anti-Money Laundering and Counter-Terrorism Financing Act 2001 (Act 613), but when it comes to a simple procedure provided for in the Collective Agreement, they turned a blind eye.
NUBE reiterated its stand that Katheriene must be immediately reinstated to her earlier position in Bank Muamalat.
Following this, NUBE will organize “Picket 825 (Eight To Five)” every day at Bank Muamalat (BMMB) until Katheriene Vimala is reinstated to her earlier position.
J Solomon
Hon General Secretary
N U B E
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Malaysia Chronicle
Monday, 08 April 2013 08:33
Banks and union lock horns
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Free Malaysia Today
Bank employees to go ahead with national picket
MCBA has no legal standing to demand the picket be called off, says NUBE.
KUALA LUMPUR: The National Union of Bank Employees (NUBE) will go ahead with its picket today despite a plea from the Malaysian Commercial Banks Association (MCBA) to call it off.
More than 20,000 NUBE members from all over the country are expected to join the picket scheduled to start at 2pm.
The picket will be held along the Maybank and CIMB outlets on Jalan Tun Perak here.
“MCBA has no legal standing to demand that the union call off the picket. In fact, this call is illegal; it runs foul of Section 4 of the Industrial Relations Act 1967 that safeguards employees from intimidation by employers from participation in trade union activities.
“The law states that employers shall not interfere with the work of the union in activities related to the welfare of union members,” NUBE general-secretary J Solomon (photo) said in a statement.
He said that it is the MCBA which is conducting itself illegally.
“This includes the continued incursions into the well-being of our members by their respective employers,” he said.
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weehingthong 