HUMAN rights advocate-cum-lawyer Charles Hector has opposed the sacking of five contract aides to Human Resources Minister V. Sivakumar as disrespectful to human rights and also possibly unlawful.
He further argued that by virtue of having been arrested or being investigated by the police, Malaysian Anti-Corruption Commission (MACC) or law enforcement agencies alone is no justification to terminate or dismiss an employee.
“Even if one is charged and is being tried for an offence, there is no justification for an employer to terminate any employee,” he penned in his recent blog.
“Only a conviction by the court of law maybe a justification for termination but then not so if there is an appeal. Remember that one is presumed innocent until proven guilty in court after a fair trial.”
Added Hector: “Maybe the media got it wrong … maybe the five just resigned and thus not terminated or sacked? Maybe the termination was for some other ‘serious’ misconduct or breach of employment contract?”
For context, Sivakumar had on Tuesday (May 9) conformed that five officers from his ministry 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 HR Ministry. (Editor’s Note: This is despite FocusM’s research indicated that only four names had been deleted from the ministry’s staff directory).
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. Likewise, he was also tight-lipped as to why the officers were sacked when they have yet to be charged or found guilty in court.
Against such background, Hector went on to ask if there was a domestic inquiry prior to the termination of the five aides. “Were the workers given the right to be heard before being terminated? Were the five given termination benefits?”
In his view, the best solution – in the quest to uphold the rights of employees – is to “temporarily suspend with full pay” pending the completion of investigation and 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.”
Above all else, he also reckoned that the sacking of Sivakumar’s five aides may be “prejudicial” to the minister as media reports suggest the possibility that some of these workers were chosen by the minister himself.
“Is that true or were they just already existing ministry officers assigned to the minister?” wondered the co-founder of Malaysians Against Death Penalty and Torture (MADPET).
“Either way, the minister and ministry concerned with worker issues must be setting the best example for all employers in Malaysia by respecting and protecting worker rights in Malaysia.”
Finally, Hector also suggested that perhaps Sivakumar himself should go on garden leave – or be moved to another ministry – pending the completion of investigations by MACC. “As minister, he has access to everything – and may have the capacity to ‘tamper’ with evidence (be they documentary evidence or even witnesses),” he added. – May 13, 2023
