This report raises many concerns including the question of the independence of the Malaysian judiciary. If before the High Court can make a decision, the Minister can say,
According to Khalid, Dr Subramaniam told the ILO's Committee of Experts on Freedom of Association that the High Court had decided that the Director General of Trades Unions' decision to register a Maybank staff union was valid and within the powers of DGTU in 2011.
The next concern, is that if Malaysia did this to ILO, then would it also not have also communicated false information to other United Nations and Regional bodies - maybe even the RAKYAT - the Malaysian people.
This is a serious concern, and it concerns the credibility of the Malaysian government and Prime Minister Najib? The PM needs to answer..
Possible answers:-
a) Khalid Atan and MTUC (and the others that make the allegation) are not telling the truth.., OR
b) The documentation relied on is wrong...an error in the records, OR
c) The then Human Resources Minister made a mistake, or maybe he did it without the knowledge or mandate of the government ...,OR
d) The Malaysian government already knew what and how the High Court would decide, OR....
Whatever it is, the Prime Minister must give Malaysians an answer.
According to the Malaysiakini report, the answer may be (b), but is that the truth? Did MTUC jump the gun and make statements without basis? Or ILO record keeping is flawed?
In a press release late this evening, the human resources ministry said that it had replied to the ILO with the following: ""The decision of the director-general of trade unions to register MAYNEU is currently being challenged in the High Court and the trial has commenced.Thus, we are of the view that we should not give any remarks, opinions or comments until the case are finally disposed off."
WE DEMAND THE TRUTH...
Malaysia
Trade union wants ex-minister summoned to Parliament over “shocking” report to world labour body
The
Malaysian Trade Union Congress (MTUC) wants former human resources
minister Datuk Seri Dr S. Subramaniam to face the Parliamentary Labour
Caucus over a report he made to the International Labour Organisation
(ILO).
MTUC president Khalid Atan (pic) questioned how Dr Subramaniam could
have made such a report two years prior to a High Court decision on
November 7 this year against the National Union of Bank Employees
(NUBE).
According to Khalid, Dr Subramaniam told the ILO's Committee of Experts
on Freedom of Association that the High Court had decided that the
Director General of Trades Unions' decision to register a Maybank staff
union was valid and within the powers of DGTU in 2011.
NUBE had challenged the registration of the Maybank In-House Union in the High Court.
Calling the action anti-union and shocking, Khalid said the High Court
decision would have far-reaching consequences on the trade union
movement in the country.
"This will weaken the collective bargaining powers of trade unions in protecting the workers' interest," he said.
NUBE general secretary J. Solomon, meanwhile, also questioned Dr
Subramaniam's action, saying it had brought the matter to the ILO's
attention.
"How is it possible otherwise for the minister to be aware of a court
decision made only two years later?" he asked during a press conference
at the Parliament lobby today.
“The ILO will be writing to the government seeking an explanation," he
said, adding that NUBE is appealing against the decision of the High
Court.
Solomon also claimed the government’s decision to allow the
registration of Maybank's in-house union was mala fide, or in bad faith.
"It was approved within only six days of application, whereas many
other unions from other sectors have been waiting years for approval,"
he added.
NUBE has over 3,000 Maybank employees as members, he said.
"From 2010 up to now, there has been interference from Maybank's management, forcing its employees to join the in-house union.
"We see a pattern of influence from the management and the Human
Resources Ministry to deliberately ensure members of NUBE resign and
join the in-house union," said Solomon.
Solomon claimed the ministry violated the Industrial Relations Act 1967
and the Trade Unions Act by interfering in union affairs and not
permitting NUBE members to meet the bank employees.
"This weakens the role of the union in bargaining for their (employees) interests," he said.
Several opposition lawmakers who were present, including Kuala Langat
MP Abdullah Sani Abdul Hamid and Batu MP Tian Chua, said they would
raise the matter in Parliament.
Dr Subramaniam’s alleged report dated 22 June and 5 October 2011 to the
ILO reads: “According to the Government, the decision of the DGTU to
register MAYNEU was challenged in the High Court, and the High Court has
decided that the registration is valid and within the power of the
DGTU.” – November 13, 2013. - Malaysian Insider, 13/11/2013, Trade union wants ex-minister summoned to Parliament over “shocking” report to world labour body
Unions accuse Subramaniam of making 'false report'
 |
PKR's Kuala Langat MP Abdullah Sani Abdul Hamid, who conducted a press conference on behalf of MTUC at the Parliament lobby today, accused Subramaniam of making the inaccurate report pertaining to Nube's court case against the Director-General of Trade Unions (DGTU).
O
n Nov 7, the High Court dismissed Nube's attempt to challenge the DGTU's registration of an in-house union for Maybank.However, MTUC president Khalid Atan (left) said in a statement distributed in Parliament today that Subramaniam had reported to the ILO that the court decided in favour of the DGTU on Oct 5, 2011 itself, two years before the actual decision was made.
Subramaniam was human resources minister at the time he was accused of making the false report to the ILO.
Abdullah Sani said Pakatan Rakyat MPs would seek to refer Subramaniam, who is also MIC deputy president, to the parliamentary labour caucus for his alleged action.
Ministry waiting for case to be over
They also stated NUBE's intention to appeal the High Court decision and vowed to restrict the DGTU from registering any new union bodies until the appeal process is over.
Subramaniam's statement to the ILO was in the form of a government reply to the organisation in response to a complaint filed by MTUC with the ILO in April 2011.
In Paragraph 868 of the ILO report, the government was cited as saying that "the decision of the DGTU to register MAYNEU was challenged in the High Court, and the court has decided that the registration is valid and within the power of the DGTU".
Deputy Human Resources Minister Ismail Abd Muttalib later told the Parliament that the ministry would look into the allegation, while saying that he was not at the ministry when the alleged false reporting took place.
In a press release late this evening, the human resources ministry said that it had replied to the ILO with the following:
""The decision of the director-general of trade unions to register MAYNEU is currently being challenged in the High Court and the trial has commenced.
"Thus, we are of the view that we should not give any remarks, opinions or comments until the case are finally disposed off." - Malaysiakini, 13/11/2013, Unions accuse Subramaniam of making 'false report'
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