Malaysia is one of Asia's biggest employers of foreign labour. But recently, cases of deaths, abuse and forced labour have come to light. What is going on? Who is protecting these migrant workers?
Court chairman Soo Ai Lin said they were also justly dismissed for carrying
out union activities during workers’ normal working hours in Guppy Plastic
Industries Sdn Bhd.
<p>Soo, however, was not prepared to rule that Roshamiza Muhamad, A. Kanniamah
and S. Koyil Vani had provided outsiders with slanderous information about their
employer, due to lack of evidence. </p>
<p>With regard to the workers’ claims that they were victimised for their
involvement in trade union activities, Soo said: “It is too late in the
day for them to do an about turn and claim that they were never involved in
those activities. </p>
<p>“As the notes of evidence would vouch, despite the workers’ denial
of the allegations, they had chosen not to seriously challenge the evidence
that they were distributing the pamphlets. </p>
<p>“The three claimants had also shown that they were not credible witnesses.”
</p>
<p>She noted that there were various contradictions in their testimonies. </p>
<p>In another court, chairman Franklin Goonting also ruled as fair the dismissal
of Badrul Munir Zakaria, a former personnel officer of Sharp Electronics (M)
Sdn Bhd. </p>
<p>Badrul had claimed constructive dismissal but the court ruled that he made
the claim too late in the day. </p>
<p>Badrul claimed constructive dismissal on Feb 2, 1999, seven weeks after being
told that he was responsible for the security section personnel and was to carry
out his work at the guardhouse. </p>
<p>“He carried on his newly assigned duties. The court’s view is that
he had waited too long. If he had honestly felt that there had been a breach
of contract on Dec 9, 1998, he should have resigned then and not wait seven
weeks to do so,” Goonting said. </p>
<p>Goonting said since Badrul had pleaded constructive dismissal, that is, his
employer had breached the employment contract by certain acts, he should explain
how and why he had arrived at his decision to be deemed dismissed.
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