RENESAS - Attending Meeting preparing for 'secret ballot' - now hope is that it happens soonest and workers are represented by a recognised union - then CBA

UPDATE

RENESAS turns up at meeting on 9/7/2013 at the Industrial Relations Department for meeting with the UNION with regard the process towards a 'secret ballot'. There is allegedly some dispute of the list of workers listed as qualified to vote in the 'secret ballot'.

These meeting should have started after the High Court dismissed the RENESAS’s  application in June 2012 - and today, more than a year later, we still have not had the 'secret ballot' which really should have been done not later than three(3) months after RENESAS refused to accord recognition to the Union in September 2011, if not for that High Court case.[Remember, this Union have been trying to get recognition of the employer since January 2010]

"...After the High Court dismissed Renesas application on 28/6/2012, there was no court order stopping the Director General for Industrial Relations [DGIR] from proceeding with the secret ballot but the DGIR procrastinated.

After much protestation by the Union, the DGIR finally started the process by writing to Renesas to submit Form B, as required by law, on about 14/12/2012. Renesas did not comply and a second letter  was sent by the DGIR  on 14/1/2013. Renesas again did not comply, and now it is believed that  a third letter has been sent by the DGIR...."

Frustrated at the delay, on 14/3/2013, EIUWR and the workers of Renesas again had a protest picket at Putrajaya.

It is alleged that the DGIR also had to threatened to take legal action against the company. Then, finally RENESAS submitted Form B - which also contains the list of qualified workers who shall be entitled to vote in the secret ballot.

But, then  RENESAS allegedly failed to attend meetings called by the DGIR, their reason was allegedly that all should wait until the Federal Court decided on the company's appeal.

After the High Court dismissed their application, RENESAS appealed to the Court of Appeal who also unanimously dismissed the case on 5/12/2012. And, they appealed to the Federal Court, who also unanimously on 1/7/2013,  dismissed the appeal.

RENESAS can at ANY time show that they respect the freedom of association, and accord recognition to the UNION - that would improve the image and public perception of RENESAS - it will be a company seen to be respecting worker and human rights. There will then be no need for a 'secret ballot'.

A bad company can delay and delay this right of recognition of the Union - hence no Collective Bargaining Agreement.

Wan Noorulazhar's Wrongful Dismissal Case - Mediation fails, next mention on 2/8/2013

UPDATE:

The wrongful dismissal case of Wan Noorulazhar bin Mohd Hanafiah came up for an attempt at mediation at the Industrial Court in Kuala Lumpur today(2/7/2013), but alas the attempt was unsuccessful.

The Industrial Court Chairman then fixed the case for mention on 2/8/2013. It has now been almost TWO(2) years since Wan Noorulazhar has allegedly been wrongfully dismissed.

The problem now with the Industrial Court is that even if the Industrial Court comes to a decision that Wan Noorulazhar has been wrongfully dismissed, the chances are slim that the court will order RENESAS to reinstate him without loss of benefits. The alternative order would be 'compensation in lieu of reinstatement', and the Industrial Relations Act now limits this to not more than twenty four(24) months backwages and then there is a lot of other deductions. 

[Before the Act was amended, compensation in lieu of reinstatement was backwages(and other increments/bonuses that a worker would have got if not dismissed) from the date of wrongful dismissal until the date of the Industrial Court judgment - this was fair. The amendment has also made wrongful dismissal cases of workers earning small income less attractive to lawyers resulting in difficulty getting lawyers.

RENESAS is still not willing to reinstate him. We hope that they will change their mind, reinstate immediately Wan Noorulazhar and also immediately recognize the UNION. Recognition of the UNION is necessary before the Union can begin negotiating and getting a Collective Bargaining Agreement with RENESAS.

Wan Noorulazhar bin Mohd Hanafiah, an employee of RENESAS who is the President of the UNION was dismissed on 26/8/2011 by RENESAS whereby the alleged misconduct, was that his actions were ‘contrary to explicit company policies’. He allegedly made statements about treatment of workers in a closed Facebook Group, whose members were fellow workers. The alleged misconduct It had nothing to do with his work performance. The wrongful dismissal case is now before the Industrial court.

Wan Noorulazhar bin Mohd Hanafiah is also the President of the Electronic Industry Employees Union Western Region, Peninsular Malaysia (EIEUWR)/ Kesatuan Sekerja Industri Elektronik Wilayah Barat Semenjung Malaysia(KSIEWBSM).

RENESAS appeal to Federal Court dismissed unanimously - hence the reason for RENESAS procrastination in the union recognition process is no more

RENESAS appeal dismissed unanimously by the Federal Court - hopefully the secret ballot would be conducted soonest, and the Union be accorded recognition

RENESAS Semiconductor KL Sdn Bhd (formerly known as NEC Semiconductors (Malaysia) Sdn Bhd] have denied workers recognition of their union, the Electronic Industry Employees Union Western Region, Peninsular Malaysia (EIEUWR)/ Kesatuan Sekerja Industri Elektronik Wilayah Barat Semenjung Malaysia(KSIEWBSM)]. The first application for recognition was on 18/1/2010. The 4th claim was on 8/9/2011. 

RENESAS’s now challenged the validity of the registration of EIEUWR(the UNION) itself, and the qualification of the UNION’s General Secretary, one Bruno Gentil Pereira. When the Minister rejected this objection on 9/4/2012, RENESAS proceeded to filed a High Court case to challenge the Minister’s decision on 8/5/2012, whereby on 28/6/2012, the High Court dismissed the RENESAS’s  application. RENESAS then appealed to the Court of Appeal who also unanimously dismissed the case on 5/12/2012. And, now on 1/7/2013, the Federal Court also dismissed the case.

[See earlier post: 87 Groups :- RENESAS MUST IMMEDIATELY ACCORD RECOGNITION TO THE UNION AND REINSTATE WAN NOORULAZHAR]

Picture of the workers at the Federal Court

Now, even though there has been no order after 28/6/2012 stopping the Director General of Industrial Relations(DGIR) from proceeding with the process of secret ballot to determine that more than 50% of the workers are for the Union, the  DGIR had procrastinated. 

After about 5-6 months, the DGIR started writing to RENESAS for the company to submit Form B, a required Form before the secret ballot can happen. The company procrastinated, advancing reasons that there was the Federal Court case pending - but there was no court order stopping the process towards recognition. It is alleged that the DGIR also had to threathen to take legal action against the company.

Finally, RENESAS  submitted the required Form B - but has allegedly failed to attend meetings called by the DGIR. 

Now, on 1st July 2013, the Federal Court has unanimously dismissed RENESAS's appeal - and hopefully the secret ballot is conducted soonest, and the workers at RENESAS finally get union recognition.

[In Brief:- Union recognition must be obtained before the Union can begin negotiating Collective Bargaining Agreements. In Malaysia, the first step is to REGISTER the Union. Then the Registered Union would need to apply to the employer, in this case RENESAS, and RENESAS could immediately accord recognition. But if the employer does not accord recognition, then there would be a need for a secret ballot to determine that more that 50% of the workers want the Union - then the Union would be accorded recognition.]