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Artikel

21 Feb 2023

Autor:
Asylum Access

Malaysia: Refugee worker alleging unlawful dismissal and unpaid wages wins lawsuit against former employer

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"Malaysia: Court defends refugee worker rights in landmark ruling", 21 Feb 2023

...The Industrial Court of Malaysia ruled in favor of a refugee worker who filed a claim for unlawful dismissal in the Industrial Court. This decision recognized, once again, the right of all workers regardless of their legal status to file a claim in the Industrial Court of Malaysia. Despite the fact that refugees do not have the right to work legally in Malaysia, case law indicates that they can still assert statutory employment rights in Malaysian courts.

Mr. Ahmed* is a 40-year-old refugee from Yemen. In 2011, he was forced to flee his home country and seek asylum in Malaysia. He worked at different restaurants doing odd jobs to survive and support his family back in Yemen. He then started working as a distributor for a factory for three years until February 2020... The company did not pay his wages in full, [and this was] followed by a text message from the employer issuing a “Work Stop Order” Notice due to the Movement Control Order (MCO) restrictions during the pandemic. Mr. Ahmed was informed that he would be called back to work when the situation allows...

Mr. Ahmed was under the impression that the company would pay all of his overdue salary and call him back to work when the business situation has improved. However, the employer stopped responding to Mr. Ahmed’s messages and refused to pay the outstanding wages as agreed... [T]he company failed to respond to [a] letter [he wrote], leading him to take legal action. 

“I went to the labour department to file a complaint but I was told that I cannot get help because I don’t have a work visa” [said Mr. Ahmed]. Frustrated by this, Mr. Ahmed filed a police report too, but the justice system wouldn’t consider his claim simply because of his refugee status...

After [Asylum Access] received his case, [the organisation] supported him [by] tak[ing] legal action and fil[ing] a claim at the Industrial Court for unlawful dismissal and for his unpaid salaries, amounting to RM33,000 (~$7,500 USD). The court accepted the case and the trial took place on 8 February 2022...

After considering the parties’ submissions, the Industrial Court ruled that the employer’s company pays the whole sum of RM33,000.00... to the client...

Before the trial began, no issues were raised about whether the Industrial Court had jurisdiction to hear the claim because Mr. Ahmed did not possess a work permit...

The facts of Mr. Ahmed’s cases are not uncommon amongst refugee workers, documented or otherwise. The Industrial Court decision marks a significant step in ensuring that moving forward, marginalized groups like refugee workers are able to assert their human rights and access justice through the Labour Courts...

*A pseudonym is used to protect the anonymity of the client.