KUALA LUMPUR: The Industrial Court, here, has ordered HSBC Bank Malaysia Bhd (HSBC) to reinstate two former employees who were fired in 2019.
Judge Rajeswari Karupiah ordered so on Feb 2, after finding that Sarimah Awang Senik and T. Sethupaty's dismissal was unwarranted and that they were unlawfully dismissed by the bank for their participation in trade union activities.
She also found that their dismissal was without just cause or excuse and that the duo was entitled to succeed in their claim of unjust dismissal.
Therefore, the judge ordered HSBC to reinstate them within 30 days from Feb 2.
The duo is to be reinstated to their former or an equivalent post in the bank without loss of seniority, service, bonuses, and other benefits, monetary or otherwise including salary adjustments and increments that he would have earned had they not been dismissed by the bank.
Sethupaty served the bank as a general clerk, while Sarimah worked as a customer service banker before they were dismissed. They have both served at HSBC since 1996 and 1997, respectively.
Sarimah and Sethupathy were dismissed by the bank in 2019 for participating in legitimate trade union activities, pursuant to a trade dispute declared against the bank in the same year.
They filed their claims of unfair dismissal under Section 22(1) of the Trade Union Act 1959 after they were dismissed, where they contended that they were merely carrying out trade union duties and functions when they were dismissed as a result of carrying out those activities.
Section 22(1) provides immunity for trade unions and their members, against any actions premised in the area of a tort, for their claim in Industrial Court. The duo were members of the National Union of Bank Employees (NUBE) to date.
The duo was represented by lawyer Khaizan Shahrizad, while HSBC was represented by lawyers N. Sivabalah and Bendict Ngoh.
Following this result, NUBE secretary-general J. Solomon applauded the Industrial Court's order, as it marked success in the bank workers' pursuit of justice.
"The decision is a beacon of hope for trade unions and their members whose trade union human rights are blatantly trampled upon.
"The association thanks every member who supported and participated in our industrial action.
"We stood the testing firm and were brave against the test, with trust and confidence that justice will prevail. And it did," he said in a statement, today.