Wan Ahmad Farid Wan Salleh J:

The Factual Background

[1] The applicant is the National Union of Bank Employees. It is a trade union for Customer Service Bankers, Special Clerical and Non­Clerical bank employees and duly registered under s 12 of the Trade Unions Act 1959 (" TUA ").

[2] A trade dispute was filed by HSBC Bank Malaysia Berhad, the 2nd respondent, under s 18 of the Industrial Relations Act 1967 (" IRA "). Under s 18(1)(b) of the , where a trade dispute exists, that dispute, if otherwise not resolved, may be reported to the Director General of Industrial Relations ("Director General").

[3] The dispute was subsequently referred to the Industrial Court by the Minister of Human Resources ("the Minister") under s 26(2) of the IRA .

[4] The complaints by the 2nd respondent Bank in relation to the applicant's industrial activities are as follows:

4.1. Publishing various postings, statements, remarks and/or comments that were disparaging, disrespectful, derogatory, and/or defamatory in nature against the 2nd respondent Bank on its/their website and/or social media accounts.

4.2. Raising a complaint to the "UK National Contact Point for the OECD Guidelines for Multinatio