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11 September 2014

The Malaysia Airlines Pilots' Association (Mapa) failed in their bid to stop the airline from taking disciplinary action against two pilots.

Court rules in favour of MAS in suit by pilots association

The Malaysia Airlines Pilots' Association (Mapa) has failed in their bid to stop the airline from taking disciplinary action against two pilots.
The Kuala Lumpur High Court had on Monday allowed an application by MAS to strike out the suit by Mapa on the grounds that the association did not have locus standi to bring an  action on behalf of the pilots who were facing disciplinary proceedings.
Judicial Commissioner Datuk Wong Kian Kheong ruled in favour of MAS, saying the relationship between MAS and the pilots was that of master and servant, and as such, Mapa could not interfere in such a contractual relationship.
Mapa had sued MAS two months ago, seeking a declaration and injunctive relief against the national airline from proceeding with disciplinary actions against the pilots, pending the disposal of an ongoing arbitration between Mapa and MAS regarding certain clauses in a memorandum of understanding between the two.
The arbitration is presently ongoing at the Kuala Lumpur Regional Centre for Arbitration.
The High Court allowed MAS to strike out Mapa's suit and ordered Mapa to pay costs of RM5,000.
MAS  was represented by lawyer Himahlini Ramalingam of Lee Hishamuddin Allen & Gledhill while D. Prasad represented Mapa.
The victory is seen as a respite for MAS, which is reeling from the tragedies of flights MH370 and MH17 as well as a financial crisis.
The loss-making carrier will terminate some 6,000 employees under a restructuring exercise that will cost RM6 billion. – September 10, 2014.

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