HR Ministry: Ramanan’s appeal seeks legal clarity, not an end to NUBE-MCBA negotiations

PUTRAJAYA, Nov 7 — The Malaysian Human Resources Ministry revealed today that the persistence of Minister Datuk Seri R. Ramanan's appeal is not a sign of wishing to terminate the National Union of Bank Employees (NUBE) and Malaysian Commercial Banks’ Association (MCBA) negotiations. Instead, its primary aim is to seek legal clarity from the Court of Appeal regarding issues stemming from the High Court's judgment, according to the Ministry.

The statement from the Human Resources Ministry stresses that the ongoing appeal request does not signify closure to a potential mutually beneficial agreement through negotiations between the two parties.

The Ministry pointed out that Ramanan had not requested a suspension of the High Court's decision, while the Department of Industrial Relations Malaysia had taken proactive measures by summoning both parties to resume conciliation proceedings. However, MCBA successfully petitioned for a stay of execution, a decision that was upheld by the Court.

This stay order has hindered the progress of collective agreement negotiations as long as it remains in effect. The Ministry clarified that Ramanan's withdrawal of his appeal would not automatically grant a resumption of negotiations between NUBE and MCBA, as the stay order granted by MCBA continues to be effective.

The Ministry reaffirmed its dedication to promoting resolution of industrial disputes through dialogue and peaceful negotiations, adhering to legal guidelines and the ethos of industrial harmony. The Ministry also expressed its hope that all parties would show respect for the ongoing legal process and maintain an open mindset towards an amicable settlement, provided the Court's orders are adhered to, to protect the rights and interests of everyone involved.

The dispute between MCBA and NUBE primarily revolves around the payment of festive assistance and the 20th Collective Agreement. The High Court originally granted NUBE's application for judicial review, rescinded two references made by the Human Resources Minister to the Industrial Court, and mandated both parties to resume negotiations.

However, on September 26, the High Court endorsed MCBA's appeal to halt the implementation of the decision until the association's appeal at the Court of Appeal was resolved.