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NGO Rejoinder

Rejoinder by Charles Hector, Syed Shahir bin Syed Mohamud, Mohd Roszeli bin Majid, Pranom Somwong via Good Electronics with the support of 54 organisations, trade unions and groups

...The matter has not yet referred to the courts at this time. What is upcoming are attempts at conciliation. It is our hope that this matter can be speedily resolved, and justice will prevail. Even, if and when the matter reaches the courts, there is always the possibility to resolve this matter without waiting for the end of the court processes, which in Malaysia takes a very long time. Justice delayed is justice denied. 2 -  After further investigations of the available evidence(including documentary evidence), we believe that your action in dismissing the said Union leader maybe by reason of you not having the benefit of all the available facts of the case, and the applicable law. 3 – Briefly, we want to highlight the following few points:- a)      Charged with a misconduct, i.e. “act of malingering” – which is not even in the list of INFINEON’s list of misconducts that covers both expressed and implied breaches of contract. b)      The main element that need to shown to justify an act of malingering is that the employee had feigned illness for the purposes of avoiding work. This was not even clear in the charge. Attending a union activity whilst on sick leave only raises grounds for suspicion that there may be an ‘act of malingering’ – it certainly is not proof that the misconduct was committed....

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