High Court Ruling Affirming Trade Union Authority Validates Rule of Law, Says KESUMA

PUTRAJAYA, Sept 3 — The Ministry of Human Resources (KESUMA) has welcomed the Kuala Lumpur High Court’s dismissal of a judicial review application brought by a waste management union, stating that the ruling confirms the Director-General of Trade Unions (KPKS) acted strictly in accordance with the law.

In a statement issued today, KESUMA emphasized that the court decision validates the statutory powers and regulatory duties conferred upon the KPKS under the Trade Unions Act 1959 [Act 262]. The ministry noted that the judgment provides crucial assurance that trade union governance and administrative affairs must remain aligned with statutory requirements.

The legal challenge was initiated by the Peninsular Malaysia Maintenance Services and Waste Management Workers Union after the KPKS issued a decision on May 9, 2024, refusing to register Kamarul Baharin Mansor as the union’s secretary for the 2023/2026 term. The primary legal dispute centered on Kamarul Baharin’s employment status as a “workman” and his technical eligibility to hold union office pursuant to Section 26(1A) of the Trade Unions Act 1959.

Dismissing the application and ordering the union to pay RM5,000 in costs, the High Court ruled that the KPKS acted lawfully within the investigative powers provided under Section 4A of the Act. KESUMA highlighted that the ruling reinforces the regulator’s authority in assessing eligibility for union membership and executive office.

The ministry added that while workers’ rights to form, join, and participate in trade unions remain fully respected and protected, freedom of association must be exercised within the established legal framework. KESUMA reiterated its commitment to upholding good union governance and the rule of law to maintain a fair, orderly, and balanced national labor ecosystem.

–NMT