MALAYSIAN AIRLINES MUST RESPECT TRADE UNION AND WORKER RIGHTS
OVERVIEW OF THE ISSUE
Malaysia Airlines (MAS), a government linked company continues to violate worker and trade union rights. Recently, MAS commenced disciplinary action against Mohd Akram bin Osman, the Secretary General of the National Union of Flight Attendants Malaysia (NUFAM), and 30 other NUFAM members. The show cause letter date on or about 14/2/2014 asked why disciplinary action should not be taken against them by reason of their participation in an ‘illegal’ gathering on 27/11/2013 at the Ministry of Human Resources in Putrajaya.
The National Union of Flight Attendants Malaysia (NUFAM) is a registered trade union, and it had sought recognition from Malaysia Airlines, the employer of the some of its members. Recognition is a legal requirement in Malaysia before an employer can be compelled to sit down, negotiate and agree to a Collective Bargaining Agreement (CBA).
When MAS rejected the application, the Director General of Industrial Relations (DGIR) conducted a secret ballot which involved all qualified employees, NUFAM succeeded in getting 62.73% of the votes, and thereafter on August 2013, the DGIR issued the formal letter acknowledging NUFAM as a recognized union. It must be noted that in Malaysian law, MAS, as employer, would had to agree on the list of qualified employees entitled to vote before the secret ballot, and as such challenging the result and the subsequent recognition of the union is bad.
CHRONOLOGIES
On 4/10/2013, MAS challenged the decision of the Minister to accord recognition to NUFAM, and filed a Judical Review application in the High Court. MAS also allegedly applied for an interim stay order thus depriving NUFAM the ability to move forward towards a Collective Bargaining Agreement (CBA).
On 29/2/2013, MAS terminated Ismail Nasaruddin, the President of NUFAM, without even having a domestic Inquiry, hence denying him the right to heard and