GUPPY FACTORY COMPENSATE UNDICLOSED SUM TO SETTLE 2ND
MAJOR CASE INVOLVING GUPPY UNION
Kuala Lumpur, January 5th
2006
This
morning at the Industrial Court, Guppy Industries have finally agreed to
compensate two Union leaders - Deputy Chairperson Rahimah and Asst.
Secretary Visaletchumy. A consent agreement were signed between the lawyers
representing the Guppy Company represented by Tang and Comrade V.Selvam
representing the workers.
The amount
of the settlement was not disclosed but prior to the parties were deadlocked
around the figure of 24 months (2 years) salary requested by the Union.
It is learned that the reason for not disclosing the amount was because
the company was uneasy that once the other workers find out about the final
settlement, they and the Union would gain more confidence.
Met
outside the court, Union Chairperson Koyilvani expressed happiness and
satisfaction that the company has finally agreed to compensate the Union
leaders. Koyilvani herself and two other leaders are still waiting for their
judgment to be delivered. Their case has been a major headace for the company
besides this case Besides that, there are a few more cases including a case on
Union victimization still pending at the Industrial court.
The
company owner has previously threatened the workers that if the Union wins, he
would close down the company. On new year eve, the Union received a
tremendous response when around a hundred workers came out and participated in
Union New Year activity. And less that a week after that, the Union won this
settlement which would further boost the image of the Union and its leadership.
Background
Just three weeks after knowing that
a Union has been registered in their factory in 1998, the Guppy Management
suspended the entire protem committee of the Union. Without holding any
Domestic Inquiry, the three top leaders of the Union - The Chairperson Koyilvani, the Secretary - Roshamiza
dan the treasurer Kanniamah was sacked while the remaining protem members were
reinstated with stern warnings.
The Guppy Employer could not tolerate a Union. They have in
fact told the Union members that the Directors partners of the company do not
want a Union and have threatened the workers, " Do you want Union or
employment?"
After the initial sacking of three top leaders of the Union.
The Union continued to function under the able leadership of the Deputy
Chairperson Rahimah and the Assistant Treasurer Visaletchumy. This prompted the second on
slaughter by the company who promptly sacked the two leaders in October 2001
after holding a kangaroo domestic Inquiry. In fact the company attempt to use
the police to arrest both this leaders failed and sacking was the next best
option.
The case of the two started on 31
March 2005 and was heard.in
front of the Kuala Lumpur Industrial Court Chairperson, Yang Arif Hari Raman.
The dispute - They were sacked over a donation box!!!
One worker met with an awful accident and the union decided
to collect fund for the worker. The donation was collected for all shift
workers and passed to the injured worker for his operation. On the same day,
their employer alleged the two comrades of stealing money from the donation box
created by the employer. The employer took the two unionist in their car and
stopped right in front of Kajang Police Station!!! The police questioned them
about the money while the employer was adamant to put them behind bars to bring
their morale as well as bring the union to their knees.
The outraged Guppy Workers Union leader Comrade Koyilvani
and other workers jointly made a police report against their employer for the
false allegation made purposely to destroy the workers union. The police upon
investigation, released the two and said that there was no case against the
two.
Furious ! The employers conducted their own Domestic
Investigation and sacked both the workers. On the day of their domestic
Inquiry, the Industrial Relation Officer of the Union was prevented from
entering the gate to represent the workers.
Both comrades filed their case with IRD in September 2001
but the case was only referred to court in 2005 after the union leaders chased
the department officials high and low. In took at least two demonstrations at
Putra Jaya, in October 2004 and February 2005 to get the case moving.
The case was postponed to Jun 2005 but the court chairperson
requested both parties to have a win-win situation by settling the matter
amicably outside courtroom.
The consent agreement reached today
was the first case which the company has settled since the dispute with the
Union started. The company initially was very uneasy to settle the case. As the
case proceeded, it looked almost certain that the Union was having a better run
and finally the Guppy Bosses had no choice but to pay a huge sum to settle this
case.
S. Arutchelvan