PUTRAJAYA, Sept 3 (Bernama) -- The Kuala Lumpur High Court’s dismissal of a judicial review application by a waste management union against the Director-General of Trade Unions (KPKS) confirms that the latter acted in accordance with the law, says the Ministry of Human Resources (KESUMA).
In a statement today, KESUMA said the court ruling affirmed the KPKS’s statutory powers and duties under the Trade Unions Act 1959 [Act 262].
"Specifically, it ensures that trade union affairs and governance are carried out in line with legal requirements," the statement said.
It said the judicial review was filed by the Peninsular Malaysia Maintenance Services and Waste Management Workers Union following the KPKS's decision on May 9, 2024, refusing to register Kamarul Baharin Mansor as union secretary for the 2023/2026 term over employment status issues.
The main issue centred on Kamarul Baharin's status as a "workman" and his eligibility to hold office under Section 26(1A) of the Trade Unions Act 1959.
The court dismissed the application and ordered the applicant to pay RM5,000 in costs, ruling that the KPKS acted lawfully under investigative powers provided under Section 4A of the Act.
According to KESUMA, the ruling provided an important affirmation of the KPKS's statutory powers in regulating trade unions, including determining an individual's eligibility to be a member and hold office.
"This decision also clarifies that freedom of association must be exercised within the legal framework.
"The right of workers to form, join and participate in trade unions remains respected and protected, provided conditions and qualifications set by law are met," the ministry said.
KESUMA added that it would continue to strengthen freedom of association and good union governance in line with the country's legal framework.
"The rule of law will remain the foundation to ensure the rights of workers and trade unions are protected while keeping the national labour ecosystem fair, orderly and harmonious," it said.
-- BERNAMA