Judicial Review in Trade Union Recognition Process: A Comparative Analysis Between Malaysia and Canada

DOI

10.2991/978-94-6463-352-8_10How to use a DOI?

Keywords

Trade Union; Recognition Process; Judicial Review; Collective Bargaining

Abstract

Trade unions play a central role in upholding employees’ rights through collective bargaining action with employers to improve the terms and conditions of employment and to resolve any conflicts within the employment relationship. The trade union recognition process is a prerequisite for collective bargaining in Malaysia. Trade unions are facing challenges in obtaining recognition from employers due to judicial review applications made by employers to the High Court. The aim of this study is to analyse the grounds of judicial review applications in the trade union recognition process in Malaysia and Canada. The qualitative method is adopted in this study in the form of content analysis of the judicial review cases in the trade union recognition process in Malaysia and Canada. Additionally, this study also involves content analysis of relevant laws on the trade union recognition process in Malaysia and Canada. The findings show that there are two grounds for challenge in judicial review applications in Malaysia. First, on the minister’s decision regarding the capacity of workers to vote in the secret ballot. Secondly, on the minister’s decision to declare the competency of the trade union. In Canada, employers filed for judicial reviews of the certification on the grounds of breach of the principle of natural justice, error of law, and jurisdictional issue. This study expands the knowledge of the trade union recognition process and judicial review principles. For practitioners, this study is useful for trade unionists and employers to understand the current situation in the trade union recognition process and its challenges.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Siti Suraya Abd Razak
PY  - 2024
DA  - 2024/01/10
TI  - Judicial Review in Trade Union Recognition Process: A Comparative Analysis Between Malaysia and Canada
BT  - Proceedings of the 12th UUM International Legal Conference 2023 (UUMILC 2023)
PB  - Atlantis Press
SP  - 134
EP  - 146
SN  - 2667-128X
UR  - https://doi.org/10.2991/978-94-6463-352-8_10
DO  - 10.2991/978-94-6463-352-8_10
ID  - Razak2024
ER  -