It is shocking that Malaysia's Human Resource Minister confirmed that 5 Ministry employees have been 'sacked'... Hopefully the reason was not because the 5 are being investigated by the Malaysian Anti-Corruption Commission(MACC).
The fact that you have been arrested or being investigated by the police, MACC or law enforcement is no justification to terminate or dismiss an employee.
Even if one is charged and is being tried for an offense, it is NO justification for an employer to terminate any employee.
Only a conviction by Court maybe a justification for termination.. but then NOT if there is an appeal?
Remember that one is presumed innocent until proven guilty in court after a fair trial.
So, did the HR Minister or HR Ministry, fail to respect worker rights in this case? Was there wrongful dismissal?
Maybe Media got it wrong... Maybe the 5 just resigned - and thus not terminated or sacked?
Maybe the reason termination was for some other 'serious' misconduct or breach of employment contract?
If termination, was there a Domestic Inquiry first? Were the workers given the right to be heard before being terminated?
If termination, were the 5 given 'termination benefits'?
The best solution, respecting worker rights, would have been to 'temporarily suspend with full pay' pending the completion of investigation and the conviction by the courts? Another solution, would be re-assign their duties and responsibilities other than matters related to the pending investigations - possibly to prevent evidence tampering, etc...
From the media report, the Minister elected not to elaborate ... but this is 'wrong' and doubts remain as to whether there was a violation of worker rights or not?
The sacking or termination also may be 'prejudicial' to the Minister, as media reports suggest the possibility that some of these workers were chosen by the Minister...is that true, or were they just already existing Ministry officers assigned to the Minister?
Either way, the Minister and Ministry concerned with worker issues must be setting the BEST example for ALL employers in Malaysia in respecting and protecting worker rights in Malaysia.
Should MINISTER
HR Minister Sivakumar confirms five officers sacked following corruption probe
KUALA LUMPUR, May 9 — Five Human Resource Ministry officers have been sacked following a recent corruption and power abuse probe over the quota for the recruitment of foreign workers which under the purview of the ministry.
The matter was confirmed by Human Resources Minister V. Sivakumar today, Malaysiakini reported.
“It did happen (the sacking of officers). It was to ensure that this ministry can function in a smooth and proper manner,” he was quoted as saying.
However, the Batu Gajah MP did not elaborate further on the latest termination of his officers.
He also sidestepped questions on who ordered the sacking of the officers.
He then declined to take any more questions on the issue, including why the officers were sacked when they have yet to be charged or found guilty in court, according to Malaysiakini.
On April 13, an aide to Sivakumar was arrested together with a recruitment agent by MACC allegedly over the quota for recruiting foreign workers, which was the purview of the Human Resources Ministry.
A day later another suspect identified as Sivakumar’s female private secretary became the latest person to be arrested by the anti-graft agency since investigations began.
On April 17, Sivakumar was called by the MACC to answer questions about alleged cash kickbacks from an unnamed businessman who had been detained alongside the two ministerial aides.
He, however, said that he is not a suspect in the ongoing investigation and said that
he had only gone to the national MACC headquarters to have his statement recorded, and added that he had not been arrested.
Despite
subsequent calls for his resignation or for him to go on leave,
Sivakumar said he would not resign, adding that he had the backing of
Prime Minister Datuk Seri Anwar Ibrahim to stay in his post. - Malay Mail, 9/5/2023
Posts
No comments:
Post a Comment