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← Trade Unions Act 1959

Trade Unions Act 1959 s 44

Trade Unions Act 1959 s 44

s 44 Decision of disputes

(1) Every dispute between— (a) a member or person claiming through a member or under the rules of a registered trade union or any branch thereof, and the union or any branch thereof or an officer thereof; (b) any person aggrieved who has ceased to be a member of a registered trade union or any branch thereof, or any person claiming through such person aggrieved, and the union or any branch thereof, or an officer hereof; (c) any registered trade union and any branch thereof; (d) an officer of any branch and the registered trade union of which such branch is a branch; or (e) any two or more branches of a registered trade union or any officers thereof respectively, shall be decided in the manner directed by the rules of the trade union, and the decision so given shall be binding and conclusive on all parties; and application for the enforcement thereof may be made to a Sessions Court. (2) The parties to a dispute in a registered trade union may, by consent (unless the rules of the union expressly forbid it), refer the dispute to the Director General. (3) The Director General of Trade Unions shall either by himself or by any Deputy Director General, or any Director, or any Assistant Director, hear and determine any dispute referred under subsection (2), and shall have power to order the expenses of determining the dispute to be paid either out of the funds of the union, or by such parties to the dispute as he may think fit, and his determination and order shall have the same effect and be enforceable in like manner as a decision made in the manner directed by the rules of the union. (4) The Director General of Trade Unions, any Deputy Director General, or any Director, or any Assistant Director may for the purpose of determining a dispute referred under subsection (2) administer oaths, and may require the attendance of all parties concerned, and of witnesses, and the production of all books and documents relating to the matter in question. (5) Where the rules of a registered trade union direct that disputes shall be referred to the courts, the dispute shall be determined by a Sessions Court. (6) Where no decision is made on a dispute within forty days after application to the union for a reference under its rules, the member or person aggrieved may apply to a Sessions Court and the Sessions Court may hear and determine the matter in dispute.

Read this section in the full act → · Open Part VI →

Find Act 262 on lom.agc.gov.my ↗

Text as at 15 September 2024 (LOM reprint); amendments made after that date may not be incorporated.

Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).

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