Represented the Bank in Public Law proceedings to contest the legality of the expansion of the scope of the Association of Bank Officers. The exposure was estimated at RM 170 million.

Advised the Group in:

  • legal and employment issues arising from the merger and integration of the AmFinance and AmBank units into AmBank (M) Berhad;
  • legal and employment issues arising from the merger of MBf Cards (Msia) Sdn Bhd with Ambank (M) Berhad and MBf Cards (Msia) Sdn Bhd; and the merger of Kurnia with Ambank Group.
  • Regulatory issues concerning Bank Negara Malaysia, the Securities Commission (SC) and matters arising therefrom.

Successfully represented the Bank in:

  • a landmark case which upheld the formation of the 1st in-house union in the clerical grade in the Banking sector (Kesatuan Kebangsaan Pekerja-pekerja Bank (NUBE) v Ketua Pengarah Kesatuan Sekerja (DGTU) & Ors [2006] 1 LNS 289).
  • a public law challenge against the decision of the Minister of Human Resources declining to entertain a claim for collective bargaining by the National Union of Bank Employees (NUBE) (Kesatuan Kebangsaan Pekerja-pekerja Bank v Menteri Sumber Manusia & Ors [2011] 10 CLJ 330).
  • a collective agreement dispute for employees in East Malaysia (National Union of Bank Employees v AmBank (M) Bhd [2011] 2 LNS 1629).
  • Represented the Bank in Public Law proceedings to contest the legality of the expansion of the scope of the Association of Bank Officers. The exposure was estimated at RM 300 million.
  • Successfully represented the Bank in Ambank (M) Berhad v Menteri Sumber Malaysia & Anor and other appeal [2014] 1 LNS 686 which led to a striking off of the trade dispute proceedings filed by ABOM.
  • Acted for the Bank to replace fixed rewards with variable rewards and again in Persatuan Pegawai-Pegawai Bank Semenanjung Malaysia v Ambank (M) Berhad [2019] 4 ILR 58 and Persatuan Pegawai-Pegawai Bank Semenanjung Malaysia v Ambank (M) Berhad [2019] 2 LNS 2605   to preserve the Bank’s unique system of variable rewards.

Successfully represented the Hotel in a claim for recognition. A landmark case which upheld the secret ballot method as the preferred method for resolution (Menteri Sumber Manusia & Ors v Kesatuan Kebangsaan Pekerja-pekerja Hotel, Bar and Restaurant Semenanjung Malaysia & Another [1998] 1 CLJ 215).

  • intervening in Public Law Proceedings by minority shareholder against the Securities Commission (SC) and striking out the same. Sustained the decision in the High Court, Court of Appeal and Federal Court (Tuan Haji Zulkifli bin Haji Hussain v Suruhanjaya Sekuriti & 2 Ors [2005] 1 CLJ 345);
  • successfully defended IOI in a private law action by a minority shareholders arising from the take over of Palmco Holdings Berhad (Tuan HJ Zulkifli & Ors v IOI Corporation Bhd & Ors [2012] 4 CLJ 401);
  • successfully represented the Group in land reference appeals in connection with Kesas Highway and South Klang Valley Expressway (SKVE) acquisitions;
  • Represented the Group in legal proceedings against the state of Negeri Sembilan over land encroachment and mineral extraction rights.

Successfully moved public law proceedings before the High Court to quash 5 Industrial Court’s Awards in Judicial Review Application No.: WA-25-347-11/2020 to WA-25-351-11/2020.

Advised and represented the Group in numerous disputes with the National Union of Banking Employees in the field of Employment Law, Public Law and Defamation at all levels of the court hierarchy.

Successfully represented the Hotel in public law challenges arising from a trade union’s claim for recognition.

Successfully represented the Company in High Court Judicial Review Proceedings Application No. JA-25-15-04/2021- Abdul Mutalib Mohamad v SWM Greentech Sdn Bhd arising from employee’s claims for dismissal without just cause or excuse in the Industrial Court – where the case involved employee’s breach of fiduciary standards and failure to exercise due case and control over checks and balances upon operational transactions. This involved the use of audio recordings of incriminating conversations.

We have advised Westports on their rights under public law in relation to industrial action and trade union rights and obligations. We had thereon obtained a landmark order directing the DGTU and the DGIR to exercise his powers under the relevant legislation against the persons involved in the said strike.