PUTRAJAYA: Nine former bank employees have been given given the green light to appeal to the Federal Court with regard to their dismissal by Bank Bumiputra Commerce Berhad for picketing unlawfully outside the bank's premises in Jalan Tun Perak, Kuala Lumpur, about eight years ago.
Their leave to appeal application was granted by Chief Justice Tan Sri Arifin Zakaria chairing a five-man panel along with Chief Judge of Sabah and Sarawak Tan Sri Richard Malanjum and Federal Court judges Datuk Hashim Yusoff, Datuk Ahmad Maarop and Datuk Hasan Lah.
At issue is whether by virtue of Section 20 (1) of the Industrial Relations Act 1967, the Industrial Court, in determining whether a dismissal of an employee is with just cause or excuse, is required to consider whether the punishment of dismissal is warranted and proportionate to the finding of misconduct by the employer.
On Nov 23 last year, the Court of Appeal dismissed the appeal brought by the nine and affirmed the High Court's decision to hold that their dismissal by the
bank, now known as CIMB Bank, was valid.
The nine, who were clerks, are National Union of Bank Employees (NUBE) general secretary J.Solomon, Harianto Effendy Zakaria, Khairil Rizal Mansor, Mohamed Azizi Adnan, R. Sivagandi, Nor Azlin Ahmad Tridi, Masziyati Yaakob, Mariati Ariffin and Suzana Abdul Rahman.
Besides Solomon, the other eight are also active NUBE members.
On Oct 21, 2010, the Kuala Lumpur High Court rejected their judicial review application to quash the decision of the Industrial Court which ruled that their
sacking by the bank was with just cause or excuse.
The Industrial Court dismissed the claim brought by the nine on Oct 27, 2010.
On Jan 6, 2004, the nine attended a domestic inquiry and pleaded not guilty to the charge of participating in an unlawful picket between 1.25pm and 1.34pm
on Oct 21, 2003.
In letters dated April 27, 2004, the bank dismissed them with immediate effect, claiming their act had brought its image into disrepute. - Bernama