Five workers - who had worked between 12 and 25 years at an industrial air-conditioner factory - are claiming that they have been unfairly dismissed over their refusal to do shift works.

The five said that Shah Alam-based OYL-Condair Industries had acted unfairly, unlawfully - and failed to consider their long service for the company - in dismissing them in March.

OYL-Condair is a member of the Hong Leong group of companies, o­ne of the largest conglomerates in Malaysia, headed by tycoon Quek Leng Chan.

The dismissed workers o­n Tuesday submitted a complain at the Industrial Relations Department, hoping the department's intervention will solve their problems.

All five are members of the Electrical Industries Workers Union. Among those dismissed are the union's head at OYL-Condair, M Kullan, who had been with the company for 20 years.

The others are M Raman (25 years of service), V Periasamy (21 years), E Thiyagarajan (19 years) and K Selvaraj (12 years). They were coil-line workers whose responsibilities were to weld copper wiring to the assembled industrial air conditioners.

Shift system

Kullan, speaking o­n behalf of the five, told malaysiakini that they were terminated after they refused to work o­n the newly introduced shifts system that began o­n Feb 10.

According to him, the company had implemented a restructuring plan which involved all 26 staff in his section.

"They wanted 13 of us to work during the day and the other 13 at night. The reason given was to increase production," said Kullan, who added that all 13 employees - including the five sacked workers - who were asked to work the night shift had submitted a letter to the management to oppose the new system.

"We told them to seek volunteers amongst the 26 of us to do the night shift and not force us into it."

However, he said, the management, after taking note of the letter, met each of the 13 staff individually and managed to coax eight of them into continuing with their night shifts.

As a result of the unwillingness of the other five to work at night, the company then conducted a domestic inquiry in mid-March, after which they were subsequently terminated.

"In the inquiry, we told the management why we disagreed to work at night. Some of us need to be at home as our spouses are already doing night shifts elsewhere," he added.

"We told them that as long-serving staff, we should at least be given some privilege."

Workers united

Kullan said that they were very disappointed that the company had failed to recognise their long service with the company. He also claimed that the company had breached its employment agreement with them in which they were o­nly required to work during daytime.

He also said that the company had now hired contract staff to replace them, "but they are not working night shift".

"If they are working during the day, then what is the need to have us work at night?" asked Kullan

He added that other workers in the company had also thrown their weight behind the dismissed five.

"Some 76 of the 120 workforce have signed a letter to the company, demanding for our reinstatement," said Kullan.

Long wait

When contacted for comments, OYL-Condair general manager Lim Chean Ee refused to comment apart from saying that since the workers had referred the matter to the Industrial Relations Department, it should be left to "the proper channel" to resolve the issue.

Parti Sosialis Malaysia pro-tem secretary general S Arutchelvan, who is assisting the dismissed workers, said it would normally take the department three to six weeks to arrange for a meeting between the involved parties to seek a solution, failing which it will then pass the matter to the human resources minister for further actions.

"The minister can either refer the matter to the industrial court or close the case," said Arutchelvan.

OYL-Condair was incorporated as OYL Industries in 1974 to assemble gas cookers and ovens, and in 1976 after a joint venture with Guthrie Malaysia Holdings, it was renamed OYL-Condair Industries.

The company manufactures industrial air conditioners and refrigeration equipment and was converted into a public company in 1985.