Maybank gets cease and desist order against NUBE

Free Malaysia Today

3 days ago

Maybank took exception to NUBE's approach and referred a trade dispute which was later referred to the Industrial Court for adjudication. (Facebook pic)
KUALA LUMPUR : A leading commercial bank has obtained a cease and desist order from the Industrial Court to restrain a union from commenting on a case of alleged sexual harassment, pending the outcome of a trade dispute between them.
Court chairman Andersen Ong said it was just and necessary to grant the order to Malayan Banking Bhd after considering the actions of the National Union of Bank Employees (NUBE) and the provisions of the Industrial Relations Act (IRA) 1967.
NUBE is barred from issuing statements to the press or posting them on its website and social media, as well as from organising pickets.
'Parties are to comply with the order forthwith, failing which the court may make further orders as it deems fit and appropriate in the circumstances,' Ong said in the interim award released last week.
The trade dispute stemmed from allegations of sexual harassment raised by a former employee against her colleague.
The incident was addressed in 2021 but resurfaced in 2024 during an unrelated formal grievance process.
Although no formal complaint was lodged in respect of the earlier allegation of sexual harassment, it became the subject of escalating public campaigns and protests by NUBE.
Maybank took exception to NUBE's approach and referred a trade dispute which was later referred to the Industrial Court for adjudication.
Despite the referral to court, NUBE continued to publish statements and organise pickets related to the allegation of sexual harassment.
In response, the bank applied for interim relief under the IRA, seeking an order that NUBE cease and desist from such conduct.
Ong said although the court did not possess injunctive powers akin to a civil court, it was empowered to issue interim or ancillary orders to regulate the conduct of parties during ongoing proceedings.
He said the objective of such orders was to preserve the status quo, prevent further escalation, and ensure the orderly administration of justice.
Ong said the court had the statutory power to regulate processes under the IRA, which includes ensuring that the proceedings before it are not undermined by prejudicial public statements, misinformation, or acts that may affect the administration of justice.
He said while trade unions are entitled to represent members and engage in collective action, these rights are not unfettered.
Ong said the making of disparaging, unfounded, or defamatory remarks against the employer on social media platforms during picketing fell outside the legitimate scope of trade union activities.
He said the court would be rendered 'a toothless tiger' if it could not restrain conduct that jeopardised its proceedings once a matter had been referred.
Janice Anne Leo, Chong Jen Hui, and Adrienne Sena appeared for the bank while Ravi Nekoo and Arvinkumar Mohan represented NUBE.