DYNAMIC PLANTATIONS BHD vs YB MENTERI SUMBER MANUSIA & ANOR

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2010 MarsdenLR 389

FEDERAL COURT PUTRAJAYA
DYNAMIC PLANTATIONS BHD – Appellant
Versus
YB MENTERI SUMBER MANUSIA & ANOR – Respondent

Table of Content
1. parties' background and membership in mapa (Para 1 , 3)
2. preliminary objections raised by the second respondent (Para 4 , 5)
3. appellant's argument regarding recognition for collective bargaining (Para 7 , 8 , 9 , 10)
4. court's analysis on recognition by conduct (Para 11 , 12 , 13 , 14 , 15 , 16 , 17)
5. jurisdiction of the first respondent regarding trade disputes (Para 18 , 19 , 20 , 21)

Zulkefli Makinudin FCJ:

Introduction

[1] These two appeals were heard together and it was agreed by all parties that the decision in Appeal No. 01(f)-8-2008(W) will bind Appeal No. 01(f)-7-2008(W). The appellant in Appeal No. 01(f)-7-2008(W) is IOI Corporation Berhad. The appellant in Appeal No. 01(f)-8-2008(W) is Dynamic Plantations Berhad. Both the appellants are public listed companies which own palm oil and rubber plantations and were members of an employer trade union known as Malayan Agriculture Producers Association ("MAPA") since 1983. On 17 July 2008 this court granted to both the appellants leave to appeal against the decision of the court of Appeal on the following question:

Whether the first respondent acted in excess of jurisdiction and/or committed an error of law whe

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2010 MarsdenLR 389

FEDERAL COURT PUTRAJAYADYNAMIC PLANTATIONS BHD – AppellantVersusYB MENTERI SUMBER MANUSIA & ANOR – Respondent

FEDERAL COURT PUTRAJAYA
DYNAMIC PLANTATIONS BHD – Appellant
Versus
YB MENTERI SUMBER MANUSIA & ANOR – Respondent