Effect given to the recommendations of the committee and the Governing Body - REPORT_NO368, June 2013

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

1. 52. The Committee last examined this case at its March 2012 meeting [see 363rd Report, paras 853–877]. On that occasion, the Committee made the following recommendations:
   • (a) As regards the registration of MAYNEU, the Committee requests the Government to provide information as to the impact of the registration of MAYNEU on the recognition of NUBE as bargaining agent in the light of its apparent majority representation and the previously existing collective bargaining agreement recognizing NUBE as the bargaining partner; as well as to keep it informed of the final outcome of the ongoing judicial proceedings.
   • (b) With respect to the allegations of harassment and intimidation of NUBE officials by the bank’s security guards and by the police, the Committee requests the Government to swiftly conduct an independent inquiry into these allegations and to keep it informed of its outcome.
   • (c) In light of the Government’s obligation under Convention No. 98 to ensure the adequate protection of workers’ organizations against acts of interference on the part of employers, the Committee requests the Government to institute without delay an independent investigation into the alleged acts of interference against NUBE by the bank and to keep it informed of the results.
   • (d) The Committee requests the Government to take the necessary measures to guarantee the access of NUBE representatives to the bank’s premises and to keep it informed in this regard.
   • (e) Expressing concern at the alleged anti-union dismissal of the NUBE Vice-President Mr Abdul Jamil Jalaludeen and the NUBE Treasurer-General Mr Chen Ka Fatt on 31 January 2012, the Committee requests the Government to provide its observations concerning the allegations contained in the latest communication of the complainant, as well as to supply the relevant decisions of the High Court and the Appelate Court.
2. 53. The Government submitted its observations in communications dated 6 December 2012 and 20 May 2013. As regards recommendation (a), the Government indicates that the case is still pending before the Federal Court and, therefore, it is not in a position to provide any further comments. The Government adds that there are no implications towards the National Union of Bank Employees (NUBE) due to the registration of the Maybank Non-Executive Employees Union (MAYNEU), as the collective agreement between NUBE and the Malayan Banking Berhad (MAYBANK) is still ongoing. As regards recommendation (b), the Government states that there is no need to establish an independent inquiry as the Department of Industrial Relations Malaysia (DIRM) has received a complaint over the matter, which is currently being referred to the Industrial Court for adjudication. As regards recommendations (c) and (d), the Government indicates that any party can lodge a complaint under section 8 of the Industrial Relations Act 1967 regarding violation to the right to join and participate in lawful union activities. Any complaint received by the DIRM will be handled in accordance with current labour laws. As regards recommendation (e), the Government indicates that the DIRM has received complaints (section 20 of the Industrial Relations Act 1967) concerning the dismissal of the two NUBE officers and that these cases have been referred to the Industrial Court for adjudication. The Government adds that the officers involved have been kept informed of the latest developments on this matter.
3. 54. The Committee notes the information provided by the Government. As regards the registration of MAYNEU, observing that there are no implications towards NUBE due to the registration of MAYNEU, as the collective agreement between NUBE and MAYBANK is still ongoing, the Committee once again requests the Government to keep it informed of the final outcome of the judicial proceedings before the Federal Court. With respect to the allegations of harassment and intimidation of NUBE officials by the bank’s security guards and by the police, noting that the DIRM has received a complaint over the matter, which is currently being referred to the Industrial Court for adjudication, the Committee requests the Government to keep it informed of the final outcome of the judicial proceedings before the Industrial Court and to provide a copy of the judgment once it is handed down. With regard to the alleged anti-union dismissal of the NUBE Vice-President Mr Abdul Jamil Jalaludeen, and the NUBE Treasurer-General, Mr Chen Ka Fatt, on 31 January 2012, the Committee notes that the Government indicates that the DIRM has received complaints concerning the dismissal of these two NUBE officers and that these cases have been referred to the Industrial Court for adjudication. The Committee requests the Government to keep it informed of the final outcome of the judicial proceedings before the Industrial Court and to provide a copy of the judgment once it is handed down. Noting that more than two years have elapsed since the presentation of the complaint, the Committee wishes to recall that justice delayed is justice denied [see Digest of decisions and principles of the Freedom of Association Committee, fifth (revised) edition, 2006, para. 115] and trusts that all these proceedings will be concluded rapidly.