Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Secret ballot

Legal area

Court

30 May 2023

Adabi Consumer Industries Sdn. Bhd. 1. ) Ketua Pengarah Perhubungan Perusahaan, Malaysia 2. ) Kesatuan Pekerja-Pekerja Perkilangan Perusahaan Makanan

Citation

BA-25-54-07/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-25-54-07/2022 (Mahkamah Tinggi)

The court found the first respondent complied with statutory and regulatory requirements in conducting the secret ballot, there was no evidence of procedural impropriety or coercion, and no legal requirement to conduct the ballot in languages other than Bahasa Malaysia; consequently the decision in Form F was not liable to be quashed and the judicial review application was dismissed.
4 Dec 2019

CELESTICA ELECTRONICS (M) SDN BHD 1. MENTERI SUMBER MANUSIA 2. KESATUAN EKSEKUTIF INDUSTRI ELEKTRONIK WILAYAH SELATAN SEMENANJUNG MALAYSIA.

Citation

WA-25-234-05/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-234-05/2019 (Mahkamah Tinggi)

The High Court held that the Director General and Minister acted lawfully in authorising a secret ballot under s.9(4A)(b) and Regs 10–11; all workmen in Appendix A1 were entitled to vote and there was no statutory requirement to verify that each voter was a union member at the material time; therefore the recognition decision based on 66.88% membership was not unlawful, irrational or perverse and the judicial review failed.