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