IN a landmark judgement on Wednesday, the Federal Court agreed that two banks were guilty of union-busting tactics in promoting employees to executive positions without according them any “real” executive powers that should come with the job.
In a resounding victory for the National Union of Bank Employees (NUBE), all five judges on the bench agreed with the findings of the lower courts that Bank Muamalat and Alliance Bank had “promoted” clerical staff to executives merely to preempt their joining the union.
In reality, the Federal Court said, the staff were never given any significant executive powers or duties befitting their new positions but merely continued doing the same job.
Judges Rohana Yusuf, Mohd Zawawi Salleh, Abang Iskandar Abang Hashim, Idrus Harun and Dauk Nallini Pathmanathan dismissed the appeals of Bank Muamalat and Alliance Bank with costs, thus bringing a seven-year-battle to an end.
NUBE had contended that the action of the two banks was aimed at diluting its influence and bargaining power, and tantamount to union-busting.