The Secret Ballot Process In Union Recognition

A trade union has to be recognised before it can bargain with the employer. When the employer refuses to recognise the union, the union can seek government intervention for the recognition of the union under Section 9 of the Industrial Relations Act 1967. However, this process can be complex and involves conducting a secret ballot.

The High Court in the recent case of Adabi Consumer Industries Sdn Bhd v Ketua Pengarah Perhubungan Awam Malaysia & Anor [2023] MLJU 1637 addressed the issue of how a secret ballot should be conducted.

Brief Facts

• The Employer applied for judicial review to quash the decision of the Director General of Industrial Relations ("DGIR") which accorded recognition to the Union. According to the secret ballot conducted by the DGIR, more than 72% of employees were members of the Union.