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CASE(S) OF THE WEEK

LABOUR LAW: Trade union - Picketing - Lawful trade union picketing by employees against employer bank - Picketers barged into lobby and banking hall - Bank issued letters of suspension to 15 employees - Appellants found guilty and dismissed from service while five others not dismissed - Punishment of dismissal - Whether warranted and proportionate to findings of misconduct - Whether courts below took into consideration that appellants were long standing employees of bank - Whether there was unequal treatment in dismissing appellants

EMPLOYMENT: Unfair dismissal - Picketing - Appeal from Court of Appeal - Lawful trade union picketing by employees against employer bank - Picketers barged into lobby and banking hall - Bank issued letters of suspension to 15 employees - Appellants found guilty and dismissed from service while five others not dismissed - Whether there was unequal treatment in dismissing appellants


HARIANTO EFFENDY ZAKARIA & Ors v. MAHKAMAH PERUSAHAAN MALAYSIA & ANOR
FEDERAL COURT, PUTRAJAYA
AHMAD MAAROP FCJ, HASAN LAH FCJ, ZALEHA ZAHARI FCJ, JEFFREY TAN FCJ, RAMLY ALI FCJ
[CIVIL APPEAL NO: 01(f)-6-03-2012(W)]
20 OCTOBER 2014




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