The bench, which included judges Lee Heng Cheong and M Gunalan, also ordered Ismail to pay RM5,000 in costs to MAS.
In allowing Chong’s appeal, the Court of Appeal Judges Datuk Hanipah Farikullah, Datuk Ravinthran N. Paramaguru and Datuk Wira Ahmad Nasfy Yasin found that he was not out of time when filing the application to amend his defence. All Rights Reserved. “The High Court also erred in stating that Section 22 of the Trade Unions Act conferred immunity to those who were members of a union in furtherance to a trade dispute,” said Sivabalah, who was assisted by Jamie Goh. BEHIND THE STORY: Navigating the tech cold war, EDGE WEEKLY: Treading carefully amid the tech cold war, NEWS: The Edge-Citigold Wealth Webinar goes virtual, What EPF’s 2Q says about its 2020 dividend, Top Glove says special dividend possible as it shifts to quarterly payout, MoH: 268 individuals who travelled to Sabah tested positive for Covid-19, Malaysia’s new Covid-19 cases drop to 489, but active cases breach 3,000 mark for first time, CMCO in Klang and three areas in Sabah from Oct 9 — Ismail Sabri, NEWS: The Edge Citigold Wealth Webinar Series 2020. The appellate court also ordered Ismail to pay RM5,000 to MAS in costs. The Chief Justice of British Columbia heads the Court of Appeal. The Court consitst of 8 Court of Appeal Judges and the President of the Court of Appeal. PUTRAJAYA (Oct 7): The Court of Appeal today ruled in favour of Malaysia Airlines System Bhd (MAS), as it overturned a High Court's decision that the dismissal of National Union of Flight Attendants Malaysia (NUFAM) president Ismail Nasaruddin was unlawful. Ilyana Nisa says the public should appreciate the sacrifices of the frontliners and do their part to prevent the spread of the virus. BIMAR allows errors to be spotted instantly during construction project design, preventing costly reworking. In allowing MAS' appeal, Court of Appeal Judges Datuk Hanipah Farikullah, Datuk Lee Heng Cheong, and Gunalan Muniandy concluded that there were other legal measures that Ismail should have pursued before issuing a press statement highlighting the plight of workers and calling for the chief executive officer's (CEO) resignation. © All rights reserved. State Legal counsel Dato Sri JC Fong, who was assisted by legal officers Mohamad Adzrul Adzlan and Oliver Chua represented the State government and State Financial Authority. Chong’s application to amend the defence was dismissed by the High Court here on June 29, 2020. Appellate Courts. The Edge Communications Sdn.
Industrial Court awards RM211,444 to NUFAM president for unfair dismissal by MAS. The Industrial Court award is hereby affirmed,” she said.
Chong had applied for the judicial review on the Federal Court judgement delivered on September 26, 2018, on the ground that the judgment violated Article 10 of the Federal Constitution which guaranteed freedom of speech.
During the appeal proceedings today, Ismail's lawyer Lim Wei Jiet submitted that the law provides protection for union officials to participate in trade union activities and that issuing a press statement is in fact a trade union activity. Broadly, these would be appeals from the Subordinate Courts where the subject matter of the claim is less than MYR250,000. In 2013, Ismail gave an interview to The Sun Daily to highlight the concerns of workers in relation to claims of being overworked and underpaid, and health and safety issues due to MAS’ fleet realignment exercise and weight loss exercise. The Court of Appeal is constituted by the Court of Appeal Act, R.S.B.C. “We will have to see what the High Court says this Thursday in view of the amendment,” said Kong who was assisting leading counsel Chong Siew Chiang and Counsels Ronald Ong and Tan Kee Heng.
On Sept 4 last year, judge Nordin Hassan ruled that it was unlawful for MAS to dismiss Ismail for giving the interview in the course of trade union activities. A three-member bench, chaired by Hanipah Farikullah, said the High Court was wrong in setting aside the award of the Industrial Court. PUTRAJAYA (Oct 7): The Court of Appeal today ruled in favour of Malaysia Airlines System Bhd (MAS), as it overturned a High Court's decision that the dismissal of National Union of Flight Attendants Malaysia (NUFAM) president Ismail Nasaruddin was unlawful.In allowing MAS' appeal, Court of Appeal Judges Datuk Hanipah Farikullah, Datuk Lee Heng Cheong, and Gunalan Muniandy concluded that …
Court of Appeal. Ismail, represented by Lim Wei Jiet, said any action against office-bearers for misconduct would tantamount to interference in trade union activities. “The High Court was wrong in setting aside the award. Lim said he would take instruction from his client whether to file an appeal in the Federal Court. She said Ismail Nasaruddin, who was the president of the National Union of Flight Attendants Malaysia (Nufam), could have pursued other legal means before issuing the statement. The new provisions apply only to appeals where the Court of Appeal is the apex court. In a very practical sense, the Court of Appeal is the last avenue of appeal for most litigants in the province. — Borneo Post, Sarawak DAP chief tests negative for Covid-19 after returning from Sabah election, Former sawmill worker to hang for murder, rape of nurse in Kelantan after losing appeal, Sabah PKR chief considers legal action against blogger Raja Petra. "I will discuss with my client whether we can exercise the option to appeal [to the Federal Court], but it has not been decided yet," he added.
1996, c. 77.
In the landmark ruling, Nordin remitted the case to the Industrial Court to assess the compensation. Lawyer N Sivabalah, who represented the airline, submitted that provisions in the Industrial Relations Act and Trade Unions Act did not give union members or office-bearers any immunity if one had committed serious misconduct.
When contacted after the appeal proceeding, Chong’s counsel Michael Kong said the Court of Appeal found merits in his appeal that there was no delay in his application to amend his defence. Following that, the Industrial Court awarded RM211,444.56 in compensation to Ismail. On the other hand, lawyer Sivabalah Nadarajah, representing MAS, argued that Ismail was first and foremost an employee of MAS, and that although he was a union official, issuing a press statement that disparages the company is unlawful and not protected under the law. BEHIND THE STORY: Less dense cities post-Covid-19?
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