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2017 MarsdenLR 3076

COURT OF APPEAL PUTRAJAYA
RHB BANK BERHAD – Appellant
Versus
YB MENTERI SUMBER MANUSIA MALAYSIA & ANOR – Respondent


Petitioner Advocates:Romesh Abraham,David Ng ,Respondent Advocate: Rozielawaty Ab Ghani,Raihana Maimunah Rushdi

Table of Content
1. balloting procedure for union representation under the act. (Para 1 , 7 , 10)
2. judicial willingness to uphold ministerial decisions. (Para 2 , 4 , 11)
3. threshold for judicial review restricts inquiry to procedural adherence. (Para 3 , 9)
4. importance of timely objections in administrative decisions. (Para 5 , 12)
5. appellant's challenge to ministerial decision based on section 9 of the ira. (Para 6)
6. judicial review limited to procedural issues, not merits. (Para 8)
7. the decision on recognition must follow established protocols. (Para 13)
[1] The appellant appeals against the decision of the learned High Court Judge who refused to quash the decision of the Minister giving recognition to the 2nd respondent, the Trade Union, pursuant to s 9 Industrial Relations Act 1967 (IRA 1967) on the grounds that the appellant had consented to a procedure relating to ballot by the employees concerned whom the appellant had approved. In essence, the learned trial judge took the position that the decision arising from the ballot procedure as well as the decision of the Minister ought not be impinged by entertaining the complaint by the appellant that those who balloted did n

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