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FEDERAL COURT PUTRAJAYA
KESATUAN PEKERJA-PEKERJA BUKAN EKSEKUTIF MAYBANK BERHAD – Appellant
Versus
KESATUAN KEBANGSAAN PEKERJA-PEKERJA BANK .... – Respondent
| Table of Content |
|---|
| 1. the registration of trade unions must include consultation with existing unions. (Para 1 , 2 , 3 , 5) |
| 2. statutory discretion must consider the rights and interests of affected parties. (Para 6 , 7 , 8 , 10 , 11) |
| 3. parties argue the need for consultation. (Para 12 , 13 , 14) |
| 4. failure to consult is a breach of natural justice and renders decisions improper. (Para 16 , 18 , 92) |
| 5. natural justice principles mandate prior consultation. (Para 51 , 73) |
[1] The appellant is an in-house union of Malayan Banking Berhad (MBB) which was registered by the Ketua Pengarah Kesatuan Pekerja, the 2nd respondent, (hereinafter referred to as the DG) on 3 January 2011 pursuant to s 12 of the Trade Unions Act 1959 ( TUA 1959). The 1st respondent (hereinafter referred to as NUBE) is a national union representing non-executive employees in the banking industry including MBB.
Background Facts
[2] On 3 January 2011, the DG registered the appellant as a trade union to represent MBB's non-executive employees. By a letter dated 28 January 2011, NUBE filed an appeal to the DG pursuant to s 71A of TUA 1959 to cancel the registration of the appellant. Failing to get any response or decision
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