KUALA LUMPUR (Nov 24): The High Court here today ruled that trade unions enjoy absolute immunity from being sued under the Trade Unions Act 1959. Judge Datuk V.T.Singham said Section 22(1) of the Act gave protection to trade unions against any suit filed in court, even if, the union representative had defamed the other party (the employer).
"Perhaps, it's time for the legislators to seriously consider whether the tort of defamation, if committed by or on behalf of the trade union and even if it was committed in contemplation or furtherance of a trade dispute, should be granted the immunity protection as provided under Section 21 and Section 22 of the Act," he said.
Justice Singham also said that it was very clear under the section that the court should not entertain any suit against trade unions.
Therefore, he struck out a defamation suit filed by Malayan Banking Bhd (Maybank) against the National Union of Bank Employees (NUBE) and its general secretary J.Sandagran Solomon. [The Edge]
2 comments:
I think the employer (maybank) was wrong advise by the counsel. If I am the employer , just kick him from the company adn see in court. If the court decide i lost the case, just pay any amount ordered. As long as the trouble person in the company was away and away.
And employer must remember the right to hire and fired even the law says difficult to terminate a confirmed employee, who cares, you pay his salary , you do not want him just pay him off.
Maybank!!! are you dare to do that?
Solomon is CIMB employee....
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