JUDGMENT
Introduction
[1] This appeal is of critical importance to the trade union movement in the country. It examines the issue of the extent to which the nation's laws protect trade union activity. It also considers when activities of such a member or leader go beyond the ambit of acceptable limits as there is no complete immunity available in respect of trade union activities.
Background
[2] The respondent ('MAS') was the national carrier of Malaysia (now rebranded via another entity called Malaysia Airlines Berhad).
[3] The appellant was an employee of MAS for 25 years. At the material time, he was also the President of the National Union of Flight Attendants Malaysia (NUFAM). He will hereinafter be referred to as 'the Union Leader'.
[4] Sometime in 2013, the cabin crew employees of MAS were disgruntled and unhappy with MAS:
(i) Weight Loss Exercise, a company ruling mandating the reduction of weight to achieve a certain body mass index; and
(ii) Fleet Realignment Exercise ('FRE'), which severely affected many cabin crew's schedules and wages.
[5] NUFAM referred the FRE issue to the Director General of Industrial Relations as a trade dispute, pursuant to s 18 of the Industrial Relations Act 1967.
[6] NUFAM and MAS failed to resolve the above issues. On 7 November 2013, the Union Leader issued a press statement in his capacity as NUFAM President where he highlighted inter alia the plight of overworked and underpaid cabin crew members, and urged MAS to enact policies to ensure their welfare and safety. In the course of doing so, the Union Leader called for the resignation of MAS' CEO as a result of the latter's inability to resolve the latter's inability to resolve the problems faced by the cabin crew under his leadership of MAS in 2011. The relevant excerpts of the impugned press statement, as reported by The Sun Daily on 8 November 2013, are as follows: