GUPPY FACTORY COMPENSATE UNDICLOSED SUM

GUPPY FACTORY COMPENSATE UNDICLOSED SUM TO SETTLE 2^ND MAJOR CASE INVOLVING GUPPY UNION

Kuala Lumpur, January 5^th 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