ISMAIL NASARUDDIN BIN ABDUL WAHAB v MALAYSIAN AIRLINE SYSTEM BERHAD

02f-43-07-2021w Federal Court (Mahkamah Persekutuan) 19 January 2022 • 02(f)-43-07/2021(W)

Catchwords

industrial law industrial dispute trade union activities trade union rights immunity of trade union termination or suspension of the trade union leader distinction between dismissal for carrying out trade union activities and dismissal for misconduct occurring in the context of trade union activities unfair dismissal purposive approach to statutory interpretation interpretation of social legislation sections 2, 4, 5, 8, 18, 19, 20, 26, 59 of the Industrial Relations Act 1967 (IRA) sections 2, 21, 22 of the Trade Union Act 1959 (TUA) section 8 of the Employment Act 1955 the extent of the protection afforded to an employee in relation to acts in his capacity as a trade union officer or member victimisation unfair labour practice whether there is an obligation to exhaust the trade dispute process before issuing a press statement on the nature of such trade dispute misconduct justifying dismissal test for whether an act of alleged misconduct which involves engagement in trade union activities amounts to misconduct warranting disciplinary action or dismissal lawful activities of a trade union are acts or omissions actuated by malice or a bona fide attempt to find a solution to a trade union issue

Practice Areas

Employment & Industrial Relations

Judges (3)

Harmindar Singh Dhaliwal Coram Hasnah binti Dato' Mohammed Hashim Coram Nallini Pathmanathan Delivered

Parties (2)

MALAYSIAN AIRLINE SYSTEM BERHAD Respondent Ismail Nasaruddin bin Abdul Wahab Appellant

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (02f-43-07-2021w)