hide message

Welcome to the Resource Centre

We make it our mission to work with advocates in civil society, business and government to address inequalities of power, seek remedy for abuse, and ensure protection of people and planet.

Both companies and impacted communities thank us for the resources and support we provide.

This is only possible because of your support. Please make a donation today.

Thank you,
Phil Bloomer, Executive Director

Donate now hide message

Malaysia: Employees union win case vs. Alliance Bank and Bank Muamalat; companies dispute union busting claims

The Federal Court ruled in favour of the National Union of Bank Employees (NUBE) after a seven-year court battle against Alliance Bank and Bank Muamalat. 

NUBE alleged that the two banks were found guilty of union busting for promoting workers without giving them real executive powers. Alliance Bank and Bank Muamalat disputes the union's interpretation of the ruling - a report on this and the press statement of Bank Muamalat are linked below.

 

 

Get RSS feed of these results

All components of this story

Article
20 July 2019

Malaysia: Alliance Bank disputes claims that Federal Court ruled it was guilty of union busting

Author: Bernama, Free Malaysia Today

"Alliance Bank disputes claims about union-busting," 15 July 2019

Alliance Bank Malaysia Bhd has displuted news reports that said the Federal Court had accused the bank of union-busting....[T]he bank said the court...did not rule that the bank was guilty of union-busting or that it had broken any law.

“The Federal Court merely affirmed the decision made by the Minister of Human Resources that the employees involved were not engaged in an executive, managerial, confidential and security capacity, and that the Minister was not obliged to provide the report and investigation upon which he had based his decision,” the bank said.

The bank said the promotion exercise conducted in 2012 was a genuine effort on the bank’s part to help improve the career prospects and advancement of deserving employees and to cater for business exigencies.

In any case, the employees involved were not denied union representation and were represented by another union body...

 

Read the full post here

Article
20 July 2019

Malaysia: Bank employees win union-busting case vs. Bank Muamalat & Alliance Bank

Author: Azril Annual, Malay Mail

"Bank employees call for Bank Muamalat, Alliance Bank to be penalised for union busting," 13 July 2019

The National Union of Bank Employees (NUBE) has called for Bank Muamalat and Alliance Bank to be penalised by banking regulators following the Federal Court’s ruling that the two banks were guilty of union-busting tactics.

In a landmark judgment...the Federal Court ruled that the two banks were guilty of union busting tactics by promoting workers without giving them any “real” executive powers as implied in their appointment letters.

...NUBE lawyer Edmund Bon said the groundbreaking ruling would be applicable in all other sectors and industries.

Solomon added that the proposed National Action Plan on Business and Human Rights should include mandatory provisions amounting to enhanced obligations on businesses to respect the right to association protected under Article 10 of the Federal Constitution.

Read the full post here

Article
20 July 2019

Press release of Bank Muamalat

Author: Bank Muamalat

"Bank Muamalat Malaysia Berhad was never found guilty of union busting or had breached any law," 18 July 2019

...Bank Muamalat Malaysia Berhad wishes to emphasise the fact that the oral judgement by the Federal Court on 10 July 2019 was only on points of law raised in the appeal and the Federal Court did not rule that the Bank was guilty of union-busting or had breached any law.

The Bank was merely unsuccessful in challenging the Minister of Human Resources’ decision when the Federal Court affirmed the decision made by the Minister of Human Resources that the group of employees involved were not engaged in an executive, managerial, confidential and security capacity, and that the Minister of Human Resources was not obliged to produce the report of investigation upon which his decision was based.

The exercise conducted by the Bank was an organizational effort to help refine employees’ career prospects and advancement in addition to accommodating the Bank’s business needs in aligning to the future strategic direction of the Bank.

Read the full post here