Effect given to the recommendations of the committee and the Governing Body - Report No 375, June 2015

Case No 2850 (Malaysia) - Complaint date: 08-APR-11 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 56. The Committee last examined this case at its June 2013 meeting [see 368th Report, paras 52–54]. On that occasion, the Committee requested the Government to keep it informed of: the final outcome of the judicial proceedings before the Federal Court as regards the registration of a second in-house union at the Malayan Banking Berhad (Maybank); the judgments by the Industrial Court relating to complaints of harassment and intimidation of National Union of Bank Employees (NUBE) officials by the Bank’s security guards and by the police and of anti-union dismissal of the NUBE Vice-President, Mr Abdul Jamil Jalaludeen, and Treasurer-General, Mr Chen Ka Fatt, on 31 January 2012.
2. 57. In its communication dated 27 September 2013, the Malaysian Trade Union Congress (MTUC) submits additional information and new allegations relating to efforts allegedly made by the Bank to destroy the union by using its financial might to institute civil proceedings against NUBE leaders for the exercise of their freedom of expression rights. They recall that the Bank had promoted an in-house union contrary to Convention No. 98 and the existing collective agreement and transmit detailed information supplied by the NUBE refuting statements made in the Government’s previous response.
3. 58. In its communication dated 12 May 2015, the NUBE provides an update on the implementation of the Committee’s recommendations and refer to lengthy delays in the legal system. In particular, they indicate that the cases brought in 2012 concerning two officials who had been assaulted while trying to access the enterprises are yet to be heard. They refer again to the suit against the NUBE for defamation, in which the NUBE won two out of the four pending cases. As regards the alleged anti-union dismissal cases, the NUBE indicates that these cases have yet to be heard by the courts since their dismissal in January 2012. They indicate that there are no available mechanisms for redress and remedy; no real conciliation meeting has been carried out and the Department for Industrial Relations Malaysia (DIRM) has not allowed the Human Rights Commission to respond to its complaint, indicating that the case cannot be discussed as it is before the courts. They conclude by requesting that a mission visit the country to address the issues raised in the complaint.
4. 59. In a communication dated 14 February 2014, the Government indicates that it is not in a position to comment on the recent information submitted by the complainants as the matter is sub judice and the Bank has the right to take action before a court of law.
5. 60. The Committee notes the information provided by the Government and the information and most recent allegations of the complainant. As regards the NUBE’s challenge of the registration of the Maybank Non-Executive Employees Union (MAYNEU), the Committee understands that this issue was resolved by the Appellate Court in September 2013, finding in favour of the NUBE. As regards the allegations of harassment and intimidation of NUBE officials by the Bank’s security guards and by the police and the pending cases relating to the anti-union dismissals of the NUBE Vice-President, Mr Abdul Jamil Jalaludeen, and the Treasurer-General, Mr Chen Ka Fatt, the Committee, noting that more than three years have elapsed since the presentation of the complaint, must once again stress that justice delayed is justice denied [see Digest of decisions and principles of the Freedom of Association Committee, fifth (revised) edition, 2006, para. 105]. It expresses the firm hope that all these proceedings will be concluded without further delay and requests the Government to provide copies of the relevant judgments. The Committee further requests the Government to respond in detail to the latest communication from the NUBE, including as regards its request for a mission to resolve the outstanding matters in this case.