Monday, January 11, 2016

Wan Noorulazhar, HR Defender and Trade Union leader's trial starts (11-12 January 2016)

Wrongful dismissal trial of  Wan Noorulazhar, Electronic Industry Employees Union Western Region, Peninsular Malaysia (EIEUWR) President will start today

11-12 January 2016
Industrial Court 12, 9.30am onwards

Presided by Tuan Gulam

How do workers organize and motivate fellow workers to come together to form a trade union? Is it not the injustices, discrimination and violations of rights that is happening at the workplaces that moves people to unite for justice - and surely it is very wrong for an employer to use such statements made by a union leader as a justification for termination...

In this ICT age - organizing workers is not just through physical face to face encounters or meetings, but is more happening through social media - Face Book groups, Whats App groups, Email groups, etc.. Can employers use statements made in such groups, possibly given by some employer 'spy', as a means to dismiss a worker?

Hopefully, there will be many from  Electronic Industry Employees Union Western Region, Peninsular Malaysia (EIEUWR) especially those working in RENESAS Semiconductor KL Sdn Bhd (formerly known as NEC Semiconductors (Malaysia) Sdn Bhd] as a show of solidarity to their Union President, and once fellow worker at RENESAS...

Such a show of support will also demonstrate to the management of RENESAS that truly the UNION is strong, and support for Wan Noorulazhar remains strong..

The best thing that RENESAS can do is to agree now to reinstate the Union President without any further procrastination or delay...It has been 4 years plus since he was terminated by RENESAS but Wan Noorulazhar, despite being out of a job and income, has remained committed to the UNION, and to the struggle for worker and trade union rights till today...He, I believe, is ever ready to get back to work at RENESAS. 

WE all can also help urge RENESAS to do the right thing - Reinstate Wan Noorulazhar now... and do recognize the Union.

This is is best...and this is JUST.


See earlier post:-

HR Defender WAN NOORULAZHAR - dismisssed for allegedly highlighting worker rights concerns?

'Wan Noorulazhar bin Mohd Hanafiah, an employee of RENESAS who is the President of the UNION was dismissed on 26/8/2011 by RENESAS whereby the alleged misconduct, was that his actions were ‘contrary to explicit company policies’. He allegedly made statements about treatment of workers in a closed Facebook Group, whose members were fellow workers.'

Finally, his wrongful dismissal case at the Industrial Court  will be heard on 11-12 January 2016 [More than 4 years since he was dismissed, and the members of Union working in RENESAS lost the presence of their leader in the factory. Is this JUSTICE? Justice Delayed is Justice Denied...] 




87 Groups :- RENESAS MUST IMMEDIATELY ACCORD RECOGNITION TO THE UNION AND REINSTATE WAN NOORULAZHAR

Joint Statement- 4/4/2013
RENESAS MUST IMMEDIATELY ACCORD RECOGNITION TO THE UNION
AND REINSTATE WAN NOORULAZHAR

We, the 87 undersigned civil society organisations, trade unions and groups call on RENESAS Semiconductor KL Sdn Bhd (formerly known as NEC Semiconductors (Malaysia) Sdn Bhd] to respect the freedom of association and the right to effective recognition of the right to collective bargaining, being one of the basic rights of workers and one also one of the core values of International Labour Organisation (ILO)'s. RENESAS must stop obstructing or delaying, and immediately accord recognition to Electronic Industry Employees Union Western Region, Peninsular Malaysia (EIEUWR)/ Kesatuan Sekerja Industri Elektronik Wilayah Barat Semenjung Malaysia(KSIEWBSM)[UNION] so that workers at RENESAS can at last begin to enjoy the benefits of collective bargaining agreement. It has been more than 3 years since the UNION first applied in January 2010 for recognition by RENESAS.

In Malaysia, after being registered, recognition by the employer is needed before the UNION can start negotiating and enter into any Collective Bargaining Agreement with the employer company. The UNION has to submit a claim for recognition, and within 21 days, the company can accord recognition or not. If not, then the Director General of Industrial Relations (DGIR) steps in and start the process of conducting a secret ballot to ensure that more than 5o% plus one of the qualified workers is for the union – then the union is accorded recognition, and thereafter can effectively represent the workers.

Even though about 70% (1,300) of RENESAS’s workers eligible to be members of the union were already members of EIEUWR when the first application was made by the UNION to the company for recognition, RENESAS did not accord recognition and after more than 3 years and RENESAS still refuses to recognize the UNION.

On 18/1/2010, EIEUWR submitted the 1st application for recognition to RENESAS. The company responded that there was a pro-tem in-house union, which was unregistered, also seeking recognition. The Director General of Industrial Relations (DGIR) rejected this reason. Then, RENESAS claimed that they did not receive the claim for recognition, when the application had been hand delivered personally by Wan Noorulazhar, the Union President, and RENESAS acknowledged receipt. The DGIR later asked the Union to send again their claim for recognition.

The 2nd claim for recognition was submitted on 17/8/2010, this time by acknowledged receipt registered post, and again RENESAS claimed they did not receive it, and the UNION also did not receive back the duly signed acknowledged receipt card from the postal services.

The 3rd claim for recognition was submitted to RENESAS on 8/10/2010, and this time using the National Courier Poslaju. After receipt of the UNION’s letter, RENESAS send it back to Poslaju asking that the letter be returned to the UNION. Poslaju provided a letter confirming this. RENESAS could not deny receipt this time, and rightfully the DGIR should have done the needful which was to the conduct of a ‘secret ballot’. But, there was inaction on the part of the DGIR for many months despite repeated demands by the UNION, and finally on 12/8/2011, the UNION had a picket in front of the Ministry of Human Resources. The DGIR then informed the UNION that the said relevant documents had been misplaced, and the blame was put on the Deputy DGIR responsible, who allegedly has since then been removed from that position. The DGIR then asked the Union to submit yet another claim for recognition.

The 4th claim for recognition was made on 8/9/2011. RENESAS’s now challenged the validity of the registration of EIEUWR(the UNION) itself, and the qualification of the UNION’s General Secretary, one Bruno Gentil Pereira. When the Minister rejected this objection on 9/4/2012, RENESAS proceeded to filed a High Court case to challenge the Minister’s decision on 8/5/2012, whereby on 28/6/2012, the High Court dismissed the RENESAS’s application. RENESAS then appealed to the Court of Appeal who also unanimously dismissed the case on 5/12/2012.

After the High Court dismissed RENESAS application on 28/6/2012, there was no court order stopping the DGIR from proceeding with the secret ballot but the DGIR did not do anything.

After much protestation by the Union, the DGIR finally started the process by writing to RENESAS to submit Form B, as required by law, on about 14/12/2012. RENESAS did not comply and a second letter was sent by the DGIR on 14/1/2013. RENESAS again did not comply, and now it is believed that a third letter has been sent by the DGIR.

When, and if the day finally comes for the ‘secret ballot’, the workers entitled to vote would be the workers as of the date the claim was submitted, being 8/9/2011 but with the existence of short-term contracts, many of the pro-union workers may no more be employees of RENESAS, and this will prejudice the UNION, who still will have to show that it has the support of at least 50% plus one of the number of qualified employees as per the list of qualified employees on 8/9/2011. The tactic of delaying the secret ballot works in favour of the employer, and prejudices the UNION.

Wan Noorulazhar bin Mohd Hanafiah, an employee of RENESAS who is the President of the UNION was dismissed on 26/8/2011 by RENESAS whereby the alleged misconduct, was that his actions were ‘contrary to explicit company policies’. He allegedly made statements about treatment of workers in a closed Facebook Group, whose members were fellow workers. The alleged misconduct It had nothing to do with his work performance. The wrongful dismissal case is now before the Industrial court.

The current trend at the Industrial Courts when it makes a finding the worker has been wrongfully dismissed by the employer is not to order reinstatement, but to rather order compensation. If not reinstated, workers of RENESAS would be deprived of a leader. RENESAS can at any time reinstate Wan Noorulazhar bin Mohd Hanafiah without loss of benefits.

On 14/3/2013, EIUWR and the workers of RENESAS again had a protest picket at Putrajaya.

We call on RENESAS Semiconductor KL Sdn Bhd to immediately accord recognition to Electronic Industry Employees Union Western Region (EIEUWR), and immediately reinstate Wan Noorulazhar bin Mohd Hanafiah and all other worker leaders terminated.


Senator Syed Shahir bin Syed Mohamud
Charles Hector
Mohd Roszeli bin Majid
Pranom Somwong
Badrulzaman bin Mohd Ghazali
For and on behalf the 87 organisations listed below
ALIRAN
Andhra Pradesh State Domestic Workers' Union, India
Asia Monitor Resource Centre(AMRC)
Asia  Pacific  Forum on Women , Law and Development ( APWLD)
Asia Floor Wage Alliance- SEA Office
Building and Wood Workers International Asia Pacific Regional Office (BWI APRO)
Center for Migrant Advocacy ,Philippines
Centre for Human Rights and Development (CHRD) Sri Lanka
Center for Orang  Asli Concerns (COAC)
CIMS- Centre for Indian Migrant Studies
Clean Clothes Campaign
Committee for Asian Women, Bangkok
Community Action Network (CAN), Malaysia
Confederation of Free Trade Unions of India
Dignity International
GoodElectronics
GoodElectronics Thailand (GET)
Hope Workers' Center, Taiwan
Hsinchu Catholic Diocese Migrants and Immigrants Service Center (HMISC), Taiwan
Human Rights Ambassador for Salem-News.com
IDWN( International  Domestic Workers’  Network)
IMA Research Foundation, Bangladesh
International Campaign for Responsible Technology, US
International League of Peoples' Struggle – Canada
Legal Support for Children and Women (LSCW), Cambodia
LIPS (Lembaga Informasi Perburuhan Sedane/Sedane Labour Resource Centre) Indonesia
MADPET (Malaysians Against Death Penalty and Torture)
Malaysian Physicians for Social Responsibility
MAP Foundation, Thailand
Maquiladora Health & Safety Support Network, Berkeley, CA  USA
Migrant Care
Migrant Forum in Asia (MFA)
Migrant Forum India (MF India)
Migrant Forum Lanka (MFL)
Migrants Rights Council India
Myanmar Ethnic Rohingya Human Rights Organization Malaysia (MERHROM)
NAMM (Network of Action for Migrants in Malaysia)
NDWM -  National Domestic Workers' Movement, India
NLD-LA (National League for Democracy-Liberated Areas), Malaysia
Pakistan Rural Workers Social Welfare Organization (PRWSWO)
Parti Rakyat Malaysia(PRM)
People & Planet, UK
Persatuan Masyarakat Selangor & Wilayah Persekutuan (PERMAS)
PINAY Quebec
Progressive Labor Union of Domestic Workers- Hong Kong
PSWS (Persatuan Sahabat Wanita Selangor)
Pusat KOMAS (KOMAS)
Refugee and Migratory Movements Research Unit (RMMRU), Bangladesh
SALT (School of Acting Justly Loving Tenderly and Walking Humbly)
SBMI (Serikat Buruh Migran Indonesia)
Solidarity of Cavite Workers (SCW), Philippines
State Enterprises Workers' Relations Confederation (SERC), Thailand
State Railway Workers' Union of Thailand (SRU), Thailand
SUARAM (Suara Rakyat Malaysia)
Tenaganita, Malaysia
The Alliance of Progressive Labor - Hong Kong
Tourism Employees Association of Maldives
Women's Rehabilitation Center (WOREC) Nepal
Workers Assistance Center, Inc, Philippines
Workers Hub For Change (WH4C)
Women Workers Lead
Writer Alliance for Media Independence (WAMI)
Youth For Peace/Peace Institute of Cambodia (YFP/PIC)
Malaysian Unions
Kesatuan Sekerja Industri Elektronik Wilayah Timur Semenanjung Malaysia (KSIEWTSM)
Kesatuan Sekerja Industri Elektronik Wilayah Selatan Semenanjung Malaysia
Kesatuan Sekerja Pekerja Industri Elektronik Wilayah Utara
Kesatuan Pekerja-Pekerja MHS Aviation Berhad
Kesatuan Pekerja-Pekerja Polyplastics Asia Pacific
Paper & Paper Products Manufacturing Employees' Union Of Malaysia (PPPMEU)
TNBJOU (TNB Junior Officers Union), Malaysia
Malayan Technical Services Union (MTSU)
NUBE (National Union of Banking Employees), Malaysia
Association of Maybank Executive
Kesatuan Kebangsaan Pekerja Pekerja Perusahaan Alat Alat Pengangkutan Dan Sekutu(NUTEAIW)
Kesatuan Pekerja-Pekerja Dalam Perkhidmatan Perubatan Dan Kesihatan Swasta-[Union Of Employees In Private Medical And Health Services]
Kesatuan Eksekutif Canon Opto (Malaysia) Sdn Bhd
Kesatuan Pekerja-Pekerja Perusahaan Otomobil Nasional Sdn.Bhd.
Electrical Industry Workers' Union (EIWU)
Kesatuan Pekerja Pekerja Fujikura Federal Cables Sdn Bhd
Kesatuan Pekerja Pekerja Kelab Semenanjung Malaysia
Kesatuan Eksekutif Airod (KEA)
UNI Global Union-Malaysia
MTUC Pahang
MTUC Penang Division
MTUC Bahagian Melaka
Kongres Kesatuan Sekerja Cawangan Pulau Pinang
MTUC Selangor & Wilayah Persekutuan

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