WELL DONE HR MINISTRY – NOW ALL COMPANIES CAN USE THE MAS FORMULA TO RETRENCH WORKERS?
Basically, did the very ministry, whose shoulders the rights, interests and needs of workers declare that a Company can avoid its debts and legal obligation by changing its ownership?
Remember MAS did not declare bankruptcy; it was just taken over by Khazanah as the losses were mounting.
And Parliament had been used to legalize the unfair dismissal thanks to the The Malaysian Airline System Berhad (Administration) Act 2015!
So please throw away or burn the books on the code of conduct for industrial harmony when retrenching staff as it is perhaps, no longer relevant to addressing industrial woes in Malaysia!
Inexplicably, despite legal and industrial harmony experts holding that the 40-year-old code specified the various steps when retrenching staff as it would cause the least disruption and inconvenience to both workers and employers.
The operative words being the disruption and inconvenience to both workers and employers!
So if you thought that the duty of the government as a responsible unit and stakeholder in public interest and social and industrial justice is to ensure that the workers’ welfare was given top priority should now re-examine these norms and priorities held high in civilized countries?
Malaysia ASEAN/APEC lead Consumerist, Datuk Dr Jacob George was commenting on the statement by Minister of Human Resources who stated that cases involving former Malaysia Airlines Systems (MAS) Berhad cannot be referred to the Industrial Court because the airline is “no longer in existence
“If the company has gone bankrupt or has wound up, we can’t go after the company.
“And by law, we can’t go after the individuals (responsible for the retrenchment) either,” Minister Riot stated when asked to elaborate on his previous remarks on the matter, at a press conference in Kuala Lumpur today.
Riot had previously declined to offer reasons for why his ministry will not be referring the cases to the Industrial Court.
This was after the National Union of Flight Attendants Malaysia (Nufam) asked why there is yet to be any action on the cases referred to the ministry by retrenched staff.
MAS were re-branded as Malaysia Airlines Berhad (MAB) in 2015, after it was delisted, and its operations were taken over by the government’s sovereign wealth fund, Khazanah Nasional Bhd.
As part of its rescue plan for the national carrier, Khazanah retrenched 6,000 workers – half of whom were cabin crew, who took up their cases to the ministry through Nufam.
It is disgusting that the whole question of Natural Justice to those MAS former workers who sought a remedy is put into the burner!
Questions will also be asked if there was “a fraud” conducted in the entire process through the moratorium (on MAS) which was lifted on May 24 which according to sources may have caveated workers’ rights, Dr George reiterated!
The moratorium bared any legal action from being taken against MAS was instituted with the passing of the Act.
It was put in place to allow MAB to replace MAS as the national carrier, as well as to provide for an effective, efficient and seamless means to transition the business, property, rights, liabilities and affairs of MAS to MAB.
Nothing surprises or embarrasses me any longer, said Dr George who is a lawyer and Malaysia’s lead consumerist and human rights practitioner, as a parting short!