Wan Noorulazhar, HR Defender and Trade Union leader's trial starts (11-12 January 2016)
Well, the case was postponed to 18-19 MAY??
[The employer is RENESAS Semiconductor KL Sdn Bhd (formerly known as NEC Semiconductors (Malaysia) Sdn Bhd]]
RENESAS loses nothing but a wrongfully dismissed worker claiming RE-INSTATEMENT is extremely prejudiced by this DELAY... for he is the one out of work and with no income...
Wan Noorulazhar was terminated on 26/8/2011 - that was almost 4 and a Half years ago!
JUSTICE DELAYED IS JUSTICE DENIED...
Further, remember that Malaysia amended the law - and, as such any wrongful dismissal case that does not end within 24 months of dismissal is, in my opinion, EXTREMELY PREJUDICIAL to the worker claiming reinstatement...
On 28/2/2008, the law amended came into force...
What does this mean?1. In the event that backwages are to be given, such backwages shall not exceed twenty-four months' backwages from the date of dismissal based on the last-drawn salary of the person who has been dismissed without just cause or excuse;
Well,
if at the end of the day, the court decides that the worker has been
wrongfully dismissed, the court can order:- (1) RE-INSTATEMENT; or (2)
COMPENSATION IN LIEU OF REINSTATEMENT
In the past, when a worker is reinstated, he/she would automatically be entitled to be paid all backwages commencing from the date of wrongful termination until reinstatement - but since the amendment, the maximum entitlement is limited to just 24 months...
Hence, when a wrongful dismissal case last more than 24 months, the worker is extremely prejudiced..
Now,
good persons like Wan Noorulazhar, a worker leader at RENESAS, and the
President of the Regional Union, really wants reinstatement - and, as
such, will not want to do anything now that will prejudice his chances
of being reinstatement...
If
he has moved on, and is employed in a stable new job, the chances is
more that the court will be inclined to not order reinstatement -
choosing rather 'compensation in lieu...." - so Wan Noorulazhar 'hangs
on' in a precarious situation waiting for justice from the Malaysian
courts....
Many
employers will try to DELAY as much as possible to possibly break the
resolve of workers claiming justice -- delay, postpone, postpone,
delay... and here we have the case of this Union President, whose trial
has yet to begin almost 4 1/2 years after he has been dismissed.
[Imagine, how you would feel with no job and income for so long].
Azhar's wife, a wage-earner, has been supporting him...
In my opinion, wrongful dismissal cases, in which workers are claiming 'REINSTATEMENT'(Kerja kembali), should be expedited and settled not later than SIX(6) months....
 |
| Some of the Local Unionist who came to show support to Wan Noorulazhar in Court |
If
not, give the said worker back his job and income, and proceed with the
case ...'maintain this status quo prior dismissal' which is definitely
more just, more so, in a 'wrongful dismissal case' until the end of the
case...
And,
if the employer disagrees to the worker being present in the workplace -
let the courts determine the reasonableness of such a position. It may
be reasonable if the alleged misconduct is theft, violence at the
workplace, etc... but, in either case, it is best for the courts to
decide then and then...
And,
if it decides that the worker would not be allowed to return to the
workplace, then worker shall continue to be paid monthly salary until
the case is settled...{Apparently, in Indonesia, the court ensures that
the worker receives his pay until the case is over, which is just. ]
The
above proposals, if implemented, I believe, would also reduce all these
'delay, postpone, delays...' as the employer certainly will want the
case to be settled as fast as possible...
Also
am most disappointed with the Industrial Court, how could they allow
such a long postponement - Why did the judge not insist on an earlier
date? Why? Why?
Let
not the courts, in allowing such delays, be party in breaking worker's
resolve to fight for justice. Presiding at the Industrial Court in this
case was, I believe, was one Tuan Gulam?
HR Defender WAN NOORULAZHAR - dismisssed for allegedly highlighting worker rights concerns?
RENESAS MUST IMMEDIATELY ACCORD RECOGNITION TO THE UNION AND REINSTATE WAN NOORULAZHAR (87 Groups/Organisation - 4/4/2013)
We call on RENESAS Semiconductor KL Sdn Bhd to immediately ....reinstate Wan Noorulazhar bin Mohd Hanafiah and all other worker leaders terminated.
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