In the High Court Kuala Lumpur Application for Judicial Review no. R1-25-442-10 between NUBE and (1) Industrial Court Malaysia (2) MCBA
The High Court had on 13.3.2012 dismissed NUBE’s application for Judicial Review with cost of RM2,000 to be paid by the Union to MCBA.
This case arose when NUBE contended that in relation to the Collective Agreement cognizance no 12 of 2006, banks were required to grant an additional paid holiday in substitution for public holidays which fell on Saturdays for every employee who had been placed on a 5-day week, or alternatively every employee who had abeen placed on a 5-day week shall be paid two (2) times the ordinary rate of pay for all public holidays which fell on additional rest day on Saturday.
NUBE then filed an application for interpretation under section 33(1) of the Industrial Relations Act 1967 at the Industrial Court for an interpretation of the Articles 5, 26, 26A, 27 and 28 of the Collective Agreement.
In Award No. 1034 of 2010, the Industrial Court held that the bank’s employees were not entitled to be compensated if a public holiday fell on a Saturday which was a non-working day.
Not satisfied with the judgment, NUBE filed an application for Judicial Review. The High Court dismissed the application on 13.3.2012.