Court Sets Jan 26 For Decision In NUBE Case (Bernama)

Court Sets Jan 26 For Decision In NUBE Case

KUALA LUMPUR, Nov 30 (Bernama) -- The High Court (Appellate and Special Powers) Monday set Jan 26 for a decision in the case of the National Union of Bank Employees (NUBE) challenging a letter of the Director-General of Trade Unions that a suspended member of the union cannot hold an officer's position with the union.

Justice Datuk Alizatul Khair Osman Khairuddin set the date after hearing submissions from counsel Datuk S. Ambiga, who represented NUBE, Senior Federal Counsel Nizam Zakaria, who appeared for the Director-General of Trade Unions, and counsel M. Eswary, who represented 10 other defendants from the union.

Nizam told the court that Section 26(1)(a) of the Trades Union Act 1959 clearly stated that a person holding a position in a trade union must be a "workman" and employee of the union.

"In this case, the NUBE secretary-general was suspended in 2004," he said.

Sandaragon Solomon s/o Joseph Pitchay, in his originating summons filed on Aug 20, is seeking a declaration that a member who had been dismissed, discharged or retrenched from employment could still be deemed a member of the union.

He is also seeking a declaration that the Trades Union Act 1959, read together with the Industrial Relations Act 1967, does not prevent a member who has been dismissed, discharged or retrenched from holding office as a member.

The union is seeking a declaration that Solomon, who was elected secretary-general of NUBE on Aug 7, 2005 and re-elected to the same post on July 26, 2008, was rightly and lawfully elected.

Ambiga submitted that the Director-General of Trade Unions should not allow his office to be used by people using "backdoor tactics" to cripple the union.

She said it was strange that the director-general allowed Solomon and others to contest in 2005 and 2008 and now he took a different position.

Alex de Silva, NUBE's co-counsel, informed the court that Solomon's dismissal for alleged picketing was pending judicial review at the High Court after the Industrial Court had ruled that the dismissal was fair.

In the statement of claim, NUBE had stated that the first defendant (Director General of Trade Unions) never raised the issue of Solomon's dismissal from CIMB Bank Berhad in 2004 and allowed the elections of the union in 2005 and 2008.

However, in a letter dated June 26, 2008, the director-general had taken the position to disqualify Solomon from being a member of the union after seeking the interpretation of Section 26(1)(a) of the Trades Union Act 1959 with the Attorney-General's Chambers, it said.

-- BERNAMA