Malaysian union victorious after seven-year battle over unfair dismissals

Eighteen workers from Hicom Automotive Manufacturers and Isuzu Hicom Malaysia were dismissed by the company in 2013 for supporting an opposition party candidate in an election activity while wearing company uniforms. The car manufacturer accused the workers of tarnishing the image of the company and violating disciplinary rules. But the workers stressed that it was their right to support the MTUC’s worker-related demands, and they rebutted the accusation by claiming that the company had allowed the prime minister from the ruling party to meet workers in uniform at the plant during the election campaign period.
In 2018, the industrial court ruled that the punishment by the company was disproportionate. The court awarded a total of 1.1 million Malaysian ringgit (US$267,000) in back pay to the 18 workers. The high court sustained the decision but deducted 30 per cent of the back pay in 2019. Eventually the federal court dismissed the company’s appeal on 4 November 2020.
Although not fully satisfied, as the workers were not reinstated, unions have hailed the decision as a victory for upholding the unfair nature of the dismissal.

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