20 Jan 2022
ISMAIL NASARUDDIN BIN ABDUL WAHAB MALAYSIAN AIRLINE SYSTEM BERHAD
- Citation
- 02(f)-43-07/2021(W) (Mahkamah Persekutuan)
- Court
- f
- Case number
- 02(f)-43-07/2021(W) (Mahkamah Persekutuan)
Press statements made by a trade union officer in the course of bona fide union representation are protected under the IRA and Employment Act and do not constitute misconduct justifying dismissal unless they are extraneous to union affairs, malicious, knowingly or recklessly false, illegal or otherwise beyond the scope of legitimate union activity; employer must consider statutory protections and the employee's union role and bears the onus under section 20 IRA to prove just cause for dismissal.