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Putrajaya: The Court of Appeal has dismissed the National Union of Bank Employees appeal to rehear a trade dispute between the union and a bank in the Industrial Court on grounds of coram failure.
A three-man bench led by Datuk Syed Ahmad Helmy Syed Ahmad yesterday also awarded Bumiputera Commerce Bank Bhd, now known as CIMB, RM10,000 in costs. However, the bench which upheld the decision of the High Court, did not provide any grounds.
Lawyer Wong Keat Ching, who appeared for the bank, submitted yesterday that there was no coram failure because the Industrial Court chairman and the two panel members, each representing the employer and employee, were present throughout the entire proceedings, including when parties were making oral submissions.
Wong said that the Industrial Court had stated in a letter to the High Court that many discussions were held with panel members and the meetings were amicable.
"There was no affidavit in the High Court from the panel member representing the employee (K. Brabakarun) to explain what were his dissenting views," she said.
The background of the case was that the Human Resources Minister referred the trade dispute to the Industrial Court as the union wanted the bank to pay performance bonus and demanded pilgrimage leave for its Muslim union members and bank officers were standardised.
Industrial Court chairman Ong Geok Lan was assisted by Ter Akau, who represented the employer and Brabakarun.
The Industrial Court in 2009 dismissed the union's claim but it proceeded to file a judicial review in the High Court to quash the award.
The union also included coram failure as grounds to overturn the findings of the Industrial Court.