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Cases

ISMAIL NASARUDDIN ABDUL WAHAB v. MALAYSIAN AIRLINE SYSTEM BHD
Federal Court, Putrajaya
Nallini Pathmanathan, Hasnah Mohammed Hashim, Harmindar Singh Dhaliwal FCJJ
[Civil Appeal No: 02(f)-43-07-2021(W)]
3 October 2022
[2022] 6 MLRA 696

JUDGMENT

Nallini Pathmanathan FCJ:

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

CASE HIGHLIGHTS

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BERHAD
Federal Court, Putrajaya
2016] 5 MLRA 529
[Civil Appeal No: 02(i)-27-04-2015(W)]
15 August 2016 [+]
TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA
High Court Malaya, Kuala Lumpur
[2016] 5 MLRH 501
24NCVC-1306-08-2015
18 July 2016 [+]
ILANGOVAN KRISHNAN v. SHIYA SDN BHD
Industrial Court, Johor
[2016] 2 MELR 374
16/4-157/15
27 April 2016 [+]
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