The leader, who requested anonymity, said the resulting two-year impasse has prevented MTUC from nominating representatives to the boards of key statutory bodies, including EPF and Socso.
The order issued by judicial commissioner Chong Yeow Choy in August 2023 pending the disposal of the stay application was subject to several conditions.
He said the current office-bearers were only permitted to conduct MTUC’s day-to-day administrative affairs and must refrain from making policy decisions on its behalf. The Shah Alam High Court also ordered the union not to conduct any fresh elections.
On Tuesday, the group led by the secretary-general Kamarul Baharin Mansor sacked its president Effendy Abdul Ghani and appointed Dauzkaply Nor Ghazali as the congress’s acting head.
This led to an outcry from Effendy and his supporters who said Kamarul had no right to call for the general council meeting that removed him as it was clearly not an everyday matter.
They also claimed a letter issued by the Registrar of Societies last year confirming that Kamarul was no longer MTUC’s secretary-general is still in place and has not been withdrawn, adding that his position is still in dispute.
Another leader, who requested anonymity, said the problem arose because the court order was silent on what constitutes day-to-day operations.
“While Kamarul’s group claims calling for the general council meeting to sack the president and appoint an acting head is a day-to-day operation, Effendy’s faction views this as contempt of court as it touches on policies and the constitutional rights of members.
“Effendy says this is not considered an administrative action and not what the court intended when issuing the conditional stay. If the attitude of both parties is to base things on their own interpretation, there will be no solution till the cows come home,” he told FMT.
It is understood that the third party which obtained the order declaring the elections null and void and Effendy’s group are working towards a consent judgment on Feb 25 but Kamarul’s latest actions could scuttle the move.
Dauzkaply defended Kamarul’s actions, saying the calling of a general council meeting was a day-to-day administrative matter and not a contemptuous action.
“The general council must meet to make decisions to keep the MTUC afloat. The labour centre has lost its representations in statutory bodies because of Effendy’s actions.
“The accounts must be managed, salaries of staff must be paid and we must act to get our representatives into the boards as soon as possible,” he told FMT.
Dauzkaply said Effendy’s action of closing the office soon after the court order and asking office staff to work from home was a mistake, adding that his actions have weakened the labour centre.