KUALA LUMPUR: The National Union of Bank Employees (NUBE) failed in its appeal against a cease and desist order to refrain from making public statements and organising pickets over a trade dispute with Malayan Banking Bhd (Maybank).
High Court judge Norliza Othman dismissed the appeal today with RM10,000 in costs.
In her broad grounds, Norliza said the order, handed down by the Industrial Court, was not an injunction of the kind granted by civil courts under the Specific Relief Act 1950.
The Industrial Court did not have the jurisdiction to issue such an injunction, she said.
Instead, it was an ancillary order made under Sections 28 and 29(g) of the Industrial Relations Act 1967 to preserve the status quo, prevent escalation, and ensure orderly proceedings.
The restraint was also intended to prevent a trial by media while the trade dispute remained unresolved, and to protect the integrity of the Industrial Court's proceedings.
Norliza agreed that denying the Industrial Court the power to maintain order in its proceedings would undermine the objectives of the law and reduce it to a “toothless tiger”.
She also rejected NUBE's contention that the order had prejudged the dispute, stressing that it was an interim order and no findings had been made on the merits of the allegations against Maybank.
On freedom of speech under Article 10 of the Federal Constitution, Norliza said the right was not absolute and could be restricted.
She agreed that the union's public postings and pickets concerned the very subject matter before the Industrial Court and risked undermining the proceedings.
The restraint was necessary to ensure the dispute could be fairly heard and determined, she said.
The dispute arose from a sexual harassment allegation made by a former employee of the bank against a colleague.
Although the matter was addressed in 2021, it resurfaced in 2024 during an unrelated grievance process, leading to public campaigns and pickets by NUBE.
The union continued its actions after the dispute was referred to the Industrial Court, prompting Maybank to seek interim relief under Sections 29(g) and 30 of the Act.
Janice Anne Leo, Chong Jen Hui and Adrienne Sena appeared for Maybank, while Ravi Nekoo and Arvinkumar Mohan represented NUBE.