A group of workers have submitted a memorandum to the Human Rights Commission of Malaysia (Suhakam) complaining about rights violations by Nordenia-Thong Fook (M) Sdn Bhd in Sungai Siput, Perak.

They claimed that the secretary of the company's worksite committee had been wrongfully dismissed and harassed following a trade dispute arising out of a failed negotiation for a collective agreement (CA).

The workers claimed the company had taken advantage of the delay in hearing of the matter that was in the industrial court since 18 months ago. The matter has since been concluded.

In a memo dated Oct 27, the company informed workers that a special briefing is scheduled on Nov 14, 15 and 16 to provide details of the new CA.

The worksite committee is affiliated to the National Union of Petroleum & Chemical Industry Workers Peninsular Malaysia.

Sick leave instigation

Nordenia-Thong Fook is a joint venture company between Thong Foong Group (incorporated in 1973) and German-based Nordenia International AG that provides packaging supply, packaging material, product packaging, plastic packaging and packaging services

A total of 13 workers including worksite committee chairperson R Sathiya Naidu and secretary P Saravanan (left) met Suhakam commissioner N Siva Subramaniam in Kuala Lumpur yesterday.

The memorandum stated that Saravanan was dismissed for allegedly being "instrumental in instigating" workers to take sick leave collectively with intent to cause financial losses.

Sathiya said that when the management conducted an internal investigation, it had failed to question the worker who had applied for sick leave but instead summoned eight other uninvolved workers as witnesses.

He claimed that the investigation was conducted on Oct 11 in the absence of Saravanan who was undergoing medical treatment and on sick leave, and proceeded to dismiss him on Oct 17.

Nordenia-Thong Fook human resources manager Ahmad Farid Ahmad Ismail, he said, had also requested the government hospital in Sungai Siput not to approve sick leave for their workers.

The hospital responded by posting a circular asking the workers to get an approval letter from the company's panel clinic beforehand.

Sathiya (left) claimed that Ahmad Farid also tried to estrange the Malay and Indian workers by providing beef during the company dinner and by summoning uninvolved Malay workers to bear witness.

Rights violated

He said the management tried all sorts of methods to destroy the worksite committee following its refusal of the conditions proposed for the CA.

"The company has deprived workers their rights under the Universal Declaration of Human Rights including the right to enjoy a comfortable working condition, the right to participate in trade union activities and to be treated fairly."

He hoped Suhakam would be able to intervene immediately to investigate their complaints due to mounting pressure of more unreasonable dismissals of the remaining workers.

In addition to a police report lodged by several workers on Oct 7, the worksite committee has filed a complaint to the national union but has seen no response yet.

Commenting on the complaint, Siva said it clearly showed that the workers' rights have been violated and that Suhakam will intervene to resolve the matter.

He promised to raise the issue at Suhakam's monthly commission meeting on Nov 21 as well as contact the national union before arranging for a visit to the factory.

The workers were advised to continue focusing on their work and stressed that the management cannot act against them for filing the complaint to Suhakam.