Court of Appeal rejects MCBA’s bid to restrain NUBE’s union activities

The Court of Appeal has dismissed an application by the Malayan Commercial Banks’ Association (MCBA) for an interim order to restrain the National Union of Bank Employees (NUBE) from carrying out its trade union activities.

A three-member bench chaired by Justice Firuz Jaffril, with Justices Ismail Brahim and Dean Wayne Daly, ruled that the order was unnecessary as the Kuala Lumpur High Court had already granted a stay, and contempt proceedings had been initiated against NUBE and its officials.

“MCBA can deal with the matter during the contempt proceedings,” Firuz said.

He also noted that NUBE had suspended its campaign activities after holding a peaceful assembly and submitting a memorandum to the Prime Minister’s Office (PMO).

The bench ordered MCBA to pay NUBE RM30,000 in costs.

MCBA’s counsel, Steven Thiru, assisted by Janice Anne Leo, argued that allowing NUBE to continue its trade union activities would breach the stay order granted by High Court judge Norliza Othman last month.

He said MCBA had also initiated contempt proceedings against the union and its office-bearers.

MCBA sought to restrain NUBE from continuing its “BANK TIPU KITA” campaign, wearing campaign badges, using slogans on social media, organising roadshows for members and seeking intervention from the PMO, the human resources ministry and Bank Negara Malaysia over disputes concerning festival aid and the 20th collective agreement (CA).

MCBA argued that NUBE should cease all industrial action once the disputes had been brought before the courts.

However, NUBE’s counsel, Tommy Thomas, assisted by Ravi Nekoo and M Arvin Kumar, maintained that the union was merely exercising its legitimate trade union rights.

Thomas also argued that judges hearing the appeals between the parties would not be influenced by activities outside the courtroom.

“Judges will decide matters based on the facts and evidence put before them,” he said.

NUBE had sought festival aid equivalent to one month’s salary for eligible members from the B40 and M40 income groups.

MCBA made the payments in 2023 but declined to do so in 2024, prompting the referral of the dispute to the Industrial Court by the human resources minister.

NUBE also challenged the referral of disputes over the 20th CA, arguing that the parties should instead use the internal settlement mechanism under Article 4(5) of their agreement.

On Feb 13, the High Court allowed NUBE’s judicial review application, quashing both referrals and directing the parties to resume negotiations under the agreed mechanism.

MCBA and the minister subsequently appealed the decision. The appeal is scheduled to be heard on March 22 next year.

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