Adequancy of statutory remedies conferred upon an aggrieved person arising from industrial action by trade unions / Jamaluddin Yahya

• Main Author: Yahya, Jamaluddin
• Format: Student Project
• Language: English
• Published: Faculty of Law 1987
• Subjects: Malaysia
• Online Access: https://ir.uitm.edu.my/id/eprint/27999/2/27999.pdf; https://ir.uitm.edu.my/id/eprint/27999/

It has been often said that the freedom to associate in one of the pillars of any democratic society. In no situation is this statement more clearly manifested than in the realm of association of workers. The ordinary workers with only his labour as his strong point, is not in possession of the same bargaining power as his employer. This is no doubt, opens the door to abuses and oppression on the part of the employer. Only by associating with one another, through trade unions, can the ordinary workers expect to have their views duly respected by the employers well as to be secured from capricious actions on the part of the employer. The Trade Unions Ordinance, 1959 is the statute which provides for the regulation of trade unions. There can be no denying that regulation necessarily entitles restrictions on the freedom in question. Other statutes, notally the Industrial Relations Act, 1967, also contain such provisions. This project paper is concerned with the remedies in respect of civil and criminal liabilities. Furthermore to comment on whether the statutory form of remedies conferred upon the aggrieved party in the liabilities of trade union, in officials and members arising from these industrial actions are adequate or not will also discussed in the paper.