Court: NUBE cannot be sued

By M. MAGESWARI, The STAR

KUALA LUMPUR: The National Union of Bank Employees (NUBE), as a registered trade union, cannot be sued for defamation, a High Court has ruled.

High Court judge Justice V.T. Singham held that NUBE has been given such an absolute immunity as a trade union under the Trade Unions Act 1959

“The legislators may wish to consider whether trade unions should be given the absolute immunity from action of all tortious act (wrongful act).

“This court is not without sympathy for the plaintiff (Malayan Banking Bhd) but the Act expressly does not give the plaintiff the cause of action against the defendants

“Perhaps, the plaintiff grievance cries for remedy by Parliament and not by this court. Perhaps, it is for Parliament to consider whether a trade union can be given blanket protection,” he said before striking out a defamation suit filed by Malayan Banking Bhd (Maybank) against NUBE and its general secretary J. Solomon with costs

Justice Singham said Section 21 and 22 (1) of the same Act was clear that such actions against a trade union in relation to a trade dispute “is not maintainable in any civil court or be entertained by any court”.

“The court finds that there is no dispute that the website in which the alleged defamatory statement was published is the specific property of the trade union, NUBE.” he said

He said the court was satisfied that there was in fact a “trade dispute” between Maybank and NUBE in reference to the insufficient bonuses provided for the lower level of staff of the bank.

Justice Singham said the court could not deprive a trade union of the benefit or protection provided by the Act

However, Justice Singham ordered Maybank to pay RM15,000 in costs to NUBE saying that it was in view of law and arguments involved in the matter.