Tuesday, January 14, 2020

Syed Saddiq's action affects worker rights and human rights - suspending worker suspected of crimes is wrong?

Syed Saddiq suspends 'employee' or worker on being arrested by police is WRONG and UNJUST. (This is the impression we may get when we read the media reports). What exactly is a 'drug-fuelled' party?

Syed Saddiq suspends special officer for allegedly attending drug-fuelled ‘private party’

Remember presumption of innocence until proven guilty and convicted by court after a fair trial - A conviction of a serious criminal offence may be a justifiable ground for termination but certainly not an arrest, detention or even being charged...[I say serious criminal offence for a conviction for speeding or even participation in a peaceful assembly may not be a good or just reason to terminate an employee.]

SUSPENDED - Is he suspended with pay or with half-pay or with no pay...and how long is this suspension for. Has disciplinary action even been commenced against this officer - Suspension is permissible pending disciplinary action but it is for a brief period only and that too usually only for serious employment misconduct... Media report is not clear...and it may result in wrong conclusions made by the reader.

How Ministers treat their workers MAY impact on how other Malaysian employers will treat their own workers... That is why Syed Saddiq and other prominent persons must be careful on how they treat their workers or respect worker rights as it has a tendency to impact on all other workers in Malaysia...

What employment misconduct did this 'special officer' of Syed Saddiq commit? 

Was it during working hours? Nope ...it was during non-working hours...

Was it concerning work? Nope?

What does the employment contract say? Does it make drug usage a serious employment offence that can lead to termination? Does it make 'partying at wee hours' an employment misconduct? 

Sadly, Malaysia still does not have laws defining what are employment misconducts - so, some employers have even wrongly extended employment misconducts to include activities of workers outside working hours - remember the DRB-HICOM subsidiary workers who were terminated at a previous general elections for being part of a delegation to get election candidates commitment to worker rights ...the reason used was that it impacted the image of the company or something like that. Read previous post. 

See earlier posts:- 

What happened to the 18 workers terminated by DRB HICOM subsidiaries? 

Najib Razak, MP Pekan, harus mencelah membantu 18 pekerja anak syarikat DRB HICOM mendapatkan kerja mereka kembali segera..

45 Groups saya 'DRB HICOM MUST RESPECT THE CITIZENS’ RIGHT TO PARTICIPATE IN THE DEMOCRATIC PROCESS IN MALAYSIA – Stop disciplinary action against workers for exercising their political rights.

Should employers be able to control worker's rights of freedom of expression, opinion, peaceful assembly, etc > I think not - workers are not owned by employers or 'slaves' - they are human persons and employers have no right to control what they do in their free time out of working hours...

Disciplinary Action - Rather than simply suspending worker, the Minister ought to initiate disciplinary action ...Domestic Inquiry ...ensuring the right to be heard.

Wait, is Syed Saddiq even the employer? Or is that worker a civil servant - penjawat awam - government employee? Well, the media report gives the impression that Syed Saddiq is employer with the power to suspend his staff...maybe the Minister ought to clariify? Does the Minister have power to suspend or cause termination of public servants?

CUEPACS and MTUC, our organisation representing workers ought to speak up...

Remember bad examples set by Ministers may be followed by other employers in Malaysia against their workers...

OTHER QUESTIONS THAT ARISE

- Who made the police report? Was it a complaint of noise by a fellow resident at the housing complex? Would not the police usually respond by sending 1 or 2 officers to tell them to quiten down? So, how many police went ...was it a police raid? 

- The media reports - did the police inform the media? There seem to be allegations that the police report was circulated..how come? 

A purported preliminary investigation paper distributed online today alleged that the special officer was among 17 people, aged 22 to 55, arrested over the weekend.

- The police informed the Minister? Why? Is it SOP(Standard Operating Procedure) for the police to inform employers of arrest of their workers?  

Syed Saddiq, who was informed by the police of his assistant’s arrest, s..

- When workers are arrested and remanded by police, or required to attend police station for investigation, court trials...do they get PAID LEAVE...or do they simply have to take their annual leave >> TIME for Malaysia to give workers PAID Administration of Justice Leave...this must be a right accorded to Malaysian workers. In trials, the courts can order attendance of witnesses - but when the Labour Department asks workers to attend - can employers deny permission?

In any event, SYED SADDIQ needs to re-affirm in commitment and respect to worker rights ...and correct the perception of what a GOOD employer should do...reiterating the presumption of innocence until proven guilty...

The suspension of this worker should also be immediately be lifted by Syed Saddiq...

HR Minister need also enact laws defining what ought to be 'employment misconducts' - confining this to wrongdoings  during work or work related wrongdoings...Maybe we also need to have guidelines about disciplinary actions and/or domestic inquiries... The HR Minister need to brief members of the Cabinet on the importance of respecting worker rights..

Syed Saddiq may be a new Minister...but he must realize that his actions, especially if reported in the media, may have an impact on Worker Rights in Malaysia ...

 

 

 

Syed Saddiq suspends special officer for allegedly attending drug-fuelled ‘private party’

In a statement, Syed Saddiq said he would leave it to the authorities to carry out the necessary investigations and act in accordance with the rule of law. — Picture by Mukhriz Hazim
In a statement, Syed Saddiq said he would leave it to the authorities to carry out the necessary investigations and act in accordance with the rule of law. — Picture by Mukhriz Hazim
KUALA LUMPUR, Jan 13 — Youth and Sports Minister Syed Saddiq Abdul Rahman has suspended one of his assistants after the latter was arrested by the police for allegedly attending a drug-fuelled private party over the weekend.

Syed Saddiq, who was informed by the police of his assistant’s arrest, said he would leave it to the authorities to carry out the necessary investigations and act in accordance with the rule of law.

“I will also suspend the duties of the Youth and Sports Ministry officer that was involved while awaiting investigations to be finalised,” he said in a brief statement issued today.

This comes as Syed Saddiq’s special officer was said to have been part of a group of 17 people who were reportedly arrested for testing positive for drugs after attending a private party.

A purported preliminary investigation paper distributed online today alleged that the special officer was among 17 people, aged 22 to 55, arrested over the weekend.

Others supposedly arrested during the same raid along Jalan Puchong were identified as a Selangor state assemblyman, the home minister’s special officer and an assistant of the prime minister’s political secretary.

A source claimed that a student from Unitar University in Kelana Jaya, an Indonesian woman and an officer from of the Subang Golf Course council were also among those nabbed.

Bukit Aman’s Narcotics Criminal Investigation Department (NCID) director Datuk Mohd Khalil Kader Mohd declined to confirm the rumours, deferring to Inspector-General of Police Tan Sri Abdul Hamid Bador and directed requests for confirmation to the latter.

The assemblyman named in the purported report has denied that he was the lawmaker arrested, insisting that he was at home at the time of his supposed arrest. - Malay Mail, 13/1/2020

IGP confirms 17 arrested in Puchong drug-fuelled private party, says second screening ongoing

Inspector-General of Police Tan Sri Abdul Hamid Bador speaks during a press conference in Kuala Lumpur January 13, 2020. — Picture by Shafwan Zaidon
Inspector-General of Police Tan Sri Abdul Hamid Bador speaks during a press conference in Kuala Lumpur January 13, 2020. — Picture by Shafwan Zaidon
KUALA LUMPUR, Jan 13 — Inspector-General of Police (IGP) Tan Sri Abdul Hamid Bador has confirmed the arrest of 17 individuals from a drug-fuelled private party in Jalan Puchong yesterday morning.

However, he refused to elaborate on their identities, citing fears of jeopardising ongoing investigations.

He only revealed that those arrested were 11 men and six women, including a foreigner.

“We won’t release the names as the second screening and test is ongoing. We don’t want the names to affect investigations. 

“However, I can confirm in fighting drugs, we won’t compromise with investigations in this case,” he told reporters at special media briefing in Bukit Aman this evening.

He also confirmed the arrest was made at 4.40am yesterday after the police was alerted by the residents of the said condominium of a loud blaring music from the party.

“The operations was carried out as soon as the Brickfields police received the tip-off and I don’t want to release further details at this moment as it will be prejudice for me untill the next process,” he said.

Hamid added that when a team of police moved in, all the individuals were found in an unconscious state because they were all intoxicated and high from the drugs.

“We are also investigating who are the condo owners, and if it was often use for such parties... maybe before this not so noisy the parties held but those arrested would have become more brazen now before this arrest,”he said.

“Don’t worry, we are not going to run or cry, we will investigate this accordingly,” he added.

Hamid also confirmed that all arrested are currently on police bail. He said only 16 tested positive to drugs, while one individual tested negative.

Earlier, just half an hour before the police press conference, Home Minister Tan Sri Muhyiddin 
Yassin confirmed that he received news from the authorities that Dengkil assemblyperson Adhif Syan Abdullah was among the 17 arrested from the drug-fuelled party.

His confirmation comes after Adhif Syan denying his arrest to Malaysiakini, claiming he was at his home in Puchong during the incident.

Later, in another twist, Adhif Syan then admitted to Metro online portal he was at the party but he went there just for a discussion, expressing he was just there at a wrong time and wrong place.

Meanwhile, sources this morning also told Malay Mail that at least two more aides of federal ministers were among the 17 arrested.

Others supposedly arrested following the raid include the implicated assemblyman’s personal aide, special officers to the Home Affairs minister and Youth and Sports minister, an assistant of the prime minister’s political secretary, and a student from the Unitar University in Kelana Jaya.

An Indonesian woman was also among those arrested, with an officer from of the Subang Golf Course council the only one testing negative for drugs.

Youth and Sports Minister Syed Saddiq Syed Abdul Rahman in a statement this morning also said he has suspended one of his assistants of their duties after being arrested by police for allegedly attending the drug-fuelled private party. 

Syed Saddiq said he was informed by police of their arrest against his assistant, adding how he would leave it to the authorities to carry out the necessary investigations and act in accordance with the ‘Rule of Law’.

All arrested were aged between 22 and 53. - Malay Mail, 13/1/2020

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