On 29/11/2013 MAS wrongly terminated
Ismail Nasaruddin, the President of NUFAM, without even having a Domestic
Inquiry, hence denying him the right to be heard and a fair hearing. Ismail was
first suspended and then terminated allegedly by reason of a statement he
issued in his capacity as President of NUFAM, which appeared in the media,
which amongst others stated :- ‘…NUFAM Secretariat said it is calling on the
prime minister to review Jauhari's contract and remove him as the CEO of MAS,
which is a government appointed position, unhappy that there has been no
changes in resolving the cabin crew's problems…’ It also raised other worker
issues (The Sun Daily, 8/11/2013, NUFAM
calls for resignation of MAS' CEO).
MAS send him a show cause letter on 8/11/2013, which
also immediately suspended him. Thereafter, Ismail received another letter
terminating him on 29/11/2013. According to a Malaysiakini report, it is
alleged that MAS
said Ismail had acted in contradiction with his duties as a chief steward of
the airline by issuing the statement.(Malaysiakini,
14/11/2011, MAS suspends chief steward for criticising CEO). This is absurd
as the statement was issued in the capacity of a Union President, not a mere
employee whereby even an ordinary employee should never be denied his freedom
of opinion or expression.
In response, 43 civil society groups and trade
unions, including the International Trade Union Confederation(ITUC), issued a
Joint Statement on 3/12/2013, entitled, “MAS Must Immediately Revoke
Suspension of Union President Ismail
Nasaruddin Worker Right Issue Should Be Resolved By Negotiations Not
‘Union Busting’.
Since then other office bearers and/or members of the Union were also targeted - see also the Joint Statement of 54
groups and unions:- Malaysian Airlines Must Respect Trade Union and
Worker Rights Cease Anti-Union activities against NUFAM and its members
When we get the written judgment, we would try to share it as well.. .
Too many UNION leaders in Malaysia have been terminated for being active and struggling for worker and union rights ... Does Malaysian government want workers to enjoy freedom of association - have unions - and be able to fight to defend and promote worker rights - if so, these 'union busting' must end....targeting union leaders and active members must end ...
Should the government intervene by law, and decide what will be considered 'serious employment misconducts' or 'breaches of employment contracts' that warrants dismissal... Now, the employer in an employment contract is just 'too powerful' and many have inserted absurd and unjust 'employment misconducts'...
Anyway, this is a VICTORY for Trade Unions and Workers in Malaysia ...and hopefully, Malaysian Airlines(a wholly government owned company) will elect not to appeal this decision...and yet again delay justice...Ismail Nasaruddin was wrongfully dismissed in November 2013 - that is almost 6 years ago... it is shocking how slow these cases run. In Indonesia, the law states that such dismissal cases should end within 160 days, at this includes at the highest court of appeal???
See also:-
Now, 42 call on Malaysian Airlines for discontinuation of action against Union President Ismail Nasaruddin
MAS Must Immediately Revoke Suspension of Union President Ismail Nasaruddin Worker Right Issue Should Be Resolved By Negotiations Not ‘Union Busting’
Malaysian Airlines, a government linked company, not respecting worker rights?
Malaysian Airlines takes disciplinary SG of NUFAM and 30 others - Union Busting?
54 groups and unions:- Malaysian Airlines Must Respect Trade Union and Worker Rights Cease Anti-Union activities against NUFAM and its members
Unlawful for MAS to sack employee for union activities, court rules
Judge Nordin Hassan ruled that MAS was disproportionate in sacking National Union of Flight Attendants Malaysia (Nufam) president Ismail Nasaruddin for highlighting the plight of employees and calling for the resignation of its CEO in an interview.
"The real reason for MAS’ dismissal of Ismail was his participation in trade union activities, which is prohibited under the law," he said, as reported by Free Malaysia Today.
Nordin allowed Ismail's judicial review application, and quashed an earlier decision by the Industrial Court, which upheld the sacking.
MAS was also ordered to compensate Ismail (photo) for unlawful dismissal, with the amount to be assessed by the Industrial Court.
"Trade union leaders play a crucial role in the fight for better working conditions of millions of workers in Malaysia, often putting their jobs and livelihoods on the line.
"It is encouraging to know that a High Court has lent its support to these brave individuals,” he said, adding that he hopes the decision will protect unions from companies determined to crack down on such activities.
In 2013, Ismail spoke to the press about overworking, underpaid salaries, as well as health and safety issues due to MAS' fleet realignment exercise and weight loss programme.
He was sacked by the airline after the interview - Malaysiakini, 4/9/2019
Landmark High Court decision against Malaysia Airlines empowers union leaders
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Judge Nordin Hassan said it was also disproportionate for MAS to dismiss Ismail Nasaruddin, who was president of the National Union of Flight Attendants Malaysia (NUFAM), for giving the interview in the course of trade union activities.
“The real reason for MAS’ dismissal of Ismail was his participation in trade union activities, which is prohibited under the law,” he said in allowing a judicial review application by Ismail.
The judge also quashed the earlier award of the Industrial Court and ordered that compensation be given to Ismail for unlawful dismissal.
In 2013, Ismail gave an interview to The Sun Daily to highlight the
concerns of workers in relation to claims of overwork, underpayment of
salaries, health and safety issues due to MAS’ fleet realignment
exercise and weight loss exercise.
MAS found this to be in breach of Ismail’s duties in the company and dismissed him.
Ismail then went to the Industrial Court to get his job back but
early this year , the tribunal upheld MAS’s decision to sack the
employee.
Lawyer Lim Wei Jiet represented Ismail while N Sivabalah and Jamie Goh. appeared for MAS.
Lim said this was a landmark case because it was the first
time the High Court had decided that it was unlawful for a company to
dismiss a trade union leader for issuing press statements in the course
of carrying out his union work.
“Trade union leaders play a crucial role in the fight for better
working conditions of millions of workers in Malaysia, often putting
their jobs and livelihoods on the line.
“It is encouraging to know that a High Court has lent its support to these brave individuals,” he said.
Lim said hopefully this decision could empower trade union leaders to
have the courage to defend workers’ rights and that it would shield
trade union leaders from companies which are determined to clamp down on
union activities unlawfully. - FMT, 4/9/2019
Mahkamah buat keputusan bersejarah sokong pemimpin kesatuan sekerja dipecat MAS
KUALA LUMPUR: Mahkamah Tinggi di sini memutuskan Malaysia Airline
System Bhd (MAS) menyalahi undang-undang dengan memecat seorang pemimpin
kesatuan sekerja kerana mengeluarkan kenyataan bagi menyuarakan aduan
pekerja dan menggesa ketua pegawai eksekutifnya meletak jawatan.
Hakim Nordin Hassan berkata, tidak adil untuk MAS memecat Ismail
Nasaruddin yang merupakan presiden Kesatuan Kebangsaan Anak Kapal Kabin
Penerbangan Malaysia (Nufam) kerana beliau menerima wawancara media
ketika kesatuan sekerja itu mengadakan aktivitinya.
“Alasan sebenar MAS memecat Ismail ialah penyertaannya dalam aktiviti
kesatuan sekerja yang dilarang undang-undang,” katanya yang membenarkan
permohonan semakan kehakiman difailkan Ismail.
Hakim turut membatalkan keputusan Mahkamah Perusahaan dan
mengarahkan pampasan diberikan kepada Ismail kerana dipecat secara
salah.
Mahkamah Perusahaan akan menilai jumlah pampasan bagi menggantikan pengembalian jawatan kepada Ismail.
Pada 2013, Ismail membenarkan The Sun Daily mewawancaranya untuk
menyuarakan kebimbangan pekerja atas dakwaan kerja berlebihan, gaji
rendah, isu kesihatan dan keselamatan akibat pengaturan semula
pesawatnya serta arahan penurunan berat badan.
MAS mendapati ia melanggar tanggungjawab Ismail dalam syarikat itu dan memecatnya.
Ismail kemudiannya ke Mahkamah Perusahaan untuk mendapatkan semula
jawatannya, tetapi awal tahun ini, tribunal itu memihak kepada keputusan
MAS atas pemecatan Ismail.
Peguam, Lim Wei Jiet yang mewakili Ismail menyifatkan ia adalah kes
bersejarah kerana Mahkamah Tinggi pertama kali memutuskan salah untuk
syarikat memecat seorang pemimpin kesatuan sekerja kerana mengeluarkan
kenyataan media ketika melakukan kerja kesatuan.
“Pemimpin kesatuan sekerja memainkan peranan penting dalam
memperjuangkan keadaan kerja lebih baik bagi berjuta pekerja di
Malaysia, yang sering mempertaruhkan kerja dan mata pencarian mereka.
“Amat gembira untuk tahu Mahkamah Tinggi memberikan sokongan kepada individu berani ini.”
Lim berharap keputusan ini akan memperkasakan pemimpin kesatuan
sekerja untuk berani mempertahankan hak pekerja dan melindungi mereka
daripada syarikat yang menyalahi undang-undang dengan bertekad mengawal
aktiviti kesatuan. - FMT, 4/9/2019
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