The Sabah Timber Industry Employees’ Union (STIEU) has been unable to get formal recognition despite orders by the Ministry of Human Resources, due to judicial reviews filed by the Sabah Forest Industry (SFI).

In 2003, SFI filed its first judicial review against the recognition of STIEU due to there being groups of employees ineligible to be part of a union. Then in 2011, it filed a second judicial review on grounds that there was already an in-house union.

The second judicial review was without grounds because it was based on a technical error, according to STIEU secretary- general Engrit Liaw.

Speaking at a press conference at the Malaysian Trades Union Congress (MTUC) headquarters here Friday, Liaw said due to a lack of money, they decided to wait until they were able to file for recognition again.

She explained that the in-house union had been dissolved in 2009 but the trade union registrar had failed to strike it out from the documents.

In 2014, STIEU filed for recognition again after which the Ministry of Human Resources divided the company into two groups, one which was allowed to vote for the recognition of the union and another which wasn’t.

“The results of the ballot were overwhelmingly in favour of the recognition of the union where more than 85 per cent voted for it, the result being that the Ministry then ordered SFI to recognise the union.”

SFI, however, filed for another judicial review, this time claiming that the split of the groups allowed to vote was unfair.

This time the judicial review application was denied on June 27 but it filed an appeal on July 22. Until today, STIEU has remained in legal limbo.

According to Liaw, SFI employees have been complaining about the company’s alleged ill-treatment towards them.

“In 2015, within the span of three months there were three accidents, two of them fatal. They’ve also been denied their right to sick leave and have been made to work more than 12 hours a day while their salaries have been cut,” she claimed.

“They’ve also lied to the migrant workers, telling them that they aren’t allowed to be part of a union while the country’s labour laws clearly proves otherwise.”

Liaw added that employees who had filed complaints against the company’s safety procedures had been issued disciplinary warnings due to their filings of these complaints.

MTUC secretary-general N Gopal Krishnam, who was also present at the press conference, said that apart from taking the matter up with the Ministry of Human Resources and the Department of Occupational Safety and Health Malaysia (DOSH), they would also continue to pressure the International Labour Organisation (ILO).

Touching on the Trans-Pacific Partnership Agreement (TPPA) of which Malaysia is a part, Gopal said in the bilateral agreement, there was among other things, a chapter on labour rights.

“And under this chapter there is the labour consistency plan where anyone can be a member of any union. We will take this matter up with the Ministry,” he said.

MTUC acting president Abdullah Sani Abdul Hamid, who was also present, said they would continue to support STIEU’s demands.

“With the TPPA, they have no choice but to recognise the union,” he said.