The Malaysian Trades Union Congress (MTUC) is greatly disappointed that the Federal Court has on Aug 18, 2014 refused to grant leave to the president and secretary of the Trienekens Employees Union to appeal against their dismissal in 2008.

The  two officials are employed as lorry driver and loaders by Trienekens Sdn Bhd which is responsible for rubbish collection in Kuching. They were dismissed for writing and distributing a union circular (which is at the instruction of the union) that urged a boycott of the company’s family day which was held on a Sunday.

MTUC deeply regret that the country’s highest court declined to clarify the law on the protection accorded to trade unions’ officials against discrimination under Sections 5 and 59 of the Industrial Relations Act and believe that it will create uncertainty and  concerns among all employees  and may lead to industrial unrest.

MTUC is extremely worried that employers are now emboldened to embark on union-busting and to get rid of trade unions by dismissing key officials.

It may also spell the death of in-house unions, which is greatly encouraged by the government. This is because officials of in-house unions are all employees of the company and their job will be at risk if they write any union circular or take part in a trade union activity that the employer does not like.

Since the courts decline to address the law relating to  Section 59 of the Act, MTUC now urges the human resources minister and the public prosecutor to prosecute the company under this section which essentially makes it an offence for an employer to dismiss an employee because he is a member or official of a trade union or to take part or promote trade union activities.

Sarawak MTUC may also file a complaint to the International Labour Organisation, of which Malaysia is a member.

ANDREW LO is secretary, MTUC, Sarawak division.