The Court of Appeal on Thursday (Nov 12) dismissed an application by the Malayan Commercial Banks’ Association (MCBA) for an interim order to stop the National Union of Bank Employees (NUBE) from carrying out its union campaign, and ordered the association to pay the union RM30,000 in costs.
A three-member bench chaired by Justice Datuk Firuz Jaffril, sitting with Justices Ismail Brahim and Dean Wayne Daly, held that the order was not needed because the Kuala Lumpur High Court had already granted a stay, and the association had begun contempt proceedings against the union and its officials.
“MCBA can deal with the matter during the contempt proceedings,” Justice Firuz said. The bench also noted that NUBE had suspended its campaign activities after holding a peaceful assembly and handing a memorandum to the Prime Minister’s Office.
The association had sought to stop the union from continuing its “Bank Tipu Kita” campaign, wearing campaign badges, using its slogans on social media, holding roadshows for members and seeking help from the Prime Minister’s Office, the Human Resources Ministry and Bank Negara Malaysia over the disputes between them.
It argued that letting the campaign continue would breach the stay granted by the High Court last month, and that the union should stop all industrial action once the disputes were before the courts. The union said it was only exercising its lawful trade union rights, and that judges hearing the appeals would decide on the facts and evidence before them, not on activities outside the courtroom.
The disputes concern festival aid and the 20th collective agreement between the two sides. NUBE had sought festival aid equal to one month’s salary for eligible members in the B40 and M40 income groups. The association paid the aid in 2023 but declined to do so in 2024, and the dispute was referred to the Industrial Court by the human resources minister.
NUBE also challenged the referral of the dispute over the 20th collective agreement, arguing that the parties should instead use the internal settlement mechanism under Article 4(5) of their agreement. On Feb 13, the High Court allowed the union’s judicial review application, quashed both referrals and directed the parties to return to negotiations under that mechanism.
The association and the minister have appealed against that decision, and the appeal is scheduled to be heard on March 22 next year.
The outcome of that appeal will decide whether the two disputes go to the Industrial Court or back to the internal mechanism under the collective agreement.
This article is general information, not legal advice. For advice on your own situation, speak to a lawyer.