theSun | TUESDAY JANUARY 6 2009 13

speak up!

letters
letters@thesundaily.com

Review
role of IRD
Anxious over price rises
HELLO readers. A
Happy New Year to all.
I REFER to “Allow access to Industrial Court” (Dec 30) A three-week sabbati-
and “Ensure justice for dismissed workmen” (Jan 2). cal can wreak havoc on
I share both writers concerns that the minister has one’s creative juices.
decided that referrals to the Industrial Court would be But skimming through
based on percentages and not on merit. On Oct 6 last year, the papers of the past
it was reported that the Human Resources Minister had couple of weeks can
informed Malaysia Nanban that the arbitration system truly aid an uninspired
adopted by the Industrial Relations Department early last scribe like me.
year had succeeded in solving most cases. This statement It seems like 2009
seems to disregard the fact that the Industrial Court is has to take on a lot of Down2Earth
the final stage in the dispute settlement machinery pro- baggage from its pred-
vided by the Industrial Relations Act. The department ecessor – which tells by Terence Fernandez
only conducts conciliation and it has been a recognised us like the years may
feature that conciliation has always settled the majority come and go, but we more or less
of disputes. It’s only disputes that have not been settled have to deal with the same issues.
by conciliation and that have merits which are referred Firstly, thanks to the renewed
to the Industrial Court, which is an arbitration tribunal. It turmoil in the Middle East, we
would be interesting to know how these cases were settled may start paying more at the pump
because it is clear that many cases have been pending at again – and this may mean paying
the department for several years. a lot more for essentials. My fear is
In this connection, I would also like to refer to a state- that although the price of fuel has
ment made by the minister in another newspaper on Aug come down to RM1.80 a litre, the
3, where he stated that cases involving foreign workers cost of many goods and services has
would be disposed more speedily. The minister seems to remained at the same levels when
be under the impression that Malaysian employees need fuel was RM2.70 a litre. Would a
not be given priority. He has actually given effect to this hike in fuel by say, 10
statement by referring dismissal cases involving foreigners Can we start with sen to RM1.90 mean
to the Industrial Court within six to eight months, whereas lower interest rates we pay a corresponding
cases involving Malaysian workers are languishing in the and a mechanism rate of RM2.80 for some
ministry for more than three years. necessities? In spite of all
On June 4, there was another statement by the minister to ensure that more that is going on, bread
warning employers not to abuse voluntary separation money in the pocket and butter issues will
schemes (VSS). The minister quoted Section 63 of the like the reduced continue to be the peo-
Employment Act under which he said “Action could be EPF contributions ple’s main concern and
taken.” I wonder whether the minister has read the sec- the government must
tion. In the context of dismissals, be it retrenchment, VSS
scheme does not pull out all the stops to
or any other form of termination of employment, it is only mean having to pay address these fears.
the Industrial Court which can question the employers’ more in taxes? Can we start with
actions. Neither the Labour Department nor the ministry lower interest rates
has any rights in this area as long as the workers are paid and a mechanism to ensure that
minimum termination benefits. The minister does not more money in the pocket like the
seem to realise that the amendments to the Industrial reduced EPF contributions scheme
Relations Act effected last Feb 28 have clipped the wings does not mean having to pay more
of the Industrial Court which has always been known to in taxes?
act with equity, in good conscience and on the substan- A lot of water has gone under
tial facts of the case without regard to technicalities and the bridge in the management of
legal form. The amendments have limited the powers concessions over this precious
of the Industrial Court in awarding compensation based utility. Whether those in the Klang
on equity and good conscience. The court is now bound Valley end up paying more for
by limitations imposed under the 2nd Schedule of the water depends on the on-going ne-
Industrial Relations Act.
On May 1, the minister told trade unions to be more
relevant. His statement reflects ignorance of industrial re-
lations. He fails to understand why unions only represent
a small percentage of employees. In the same statement,
he promised that “any amendment made (to labour laws)
Why the double standards?
will not be unfair to workers”. I would suggest that he
read the amendments to the Industrial Relations Act Dear IGP
which not only provide unfair provisions against workers On Sunday, Dec 28, some 1,500
and employers, but which have altered the position of the people, including 400 children and
Industrial Relations Department from being a peacemaker teenagers, came out to defend Malay
to an enforcement agency. rights and the use of ISA in Penang.
There are various other instances which would be too A similar gathering had apparently
lengthy to include in this letter reflecting instances where taken place in the federal capital a
the Human Resources Ministry seems to have forgotten few weeks ago, but was never re-
its role. One can only hope that the minister would take ported in the media.
the trouble to review the roles of these departments and The demonstration was being ob-
restore them to their original ethos. served by 50 policemen in uniform
and plainclothes. It is interesting
David Kanagaraj that, despite the tone of the protest,
Klang no arrest was made, and certainly
gotiations between the
Selangor and federal
governments as well
as the profit-seeking
concessionaires. Ulti-
mately, one is hopeful
that the people’s welfare
and lowering the cost of
doing business will be
the decider – but then
again since when was
the well-being of the
man in the street been
paramount?
Plans to privatise the
National Heart Centre underscore
where regular Joe sits in the peck-
ing order.
A worsening economy would
also mean a less than impressive
crime index, which keeps deterio-
rating every year. The incidents of
violent crimes are so common that
we have seemed to become numb
to it. Instead of marshalling its
forces to political rallies and NGO
demonstrations, the rakyat would
prefer the enforcement agencies,
whose salaries are paid by the
people, would use their time and
resources more prudently on crime
prevention.
Hogging the headlines in the
last weeks of 2008 were very public
disputes by Pakatan Rakyat repre-
sentatives over the relocation of a
bus terminal and the lot of Indians
in Selangor. While these open quar-
rels provide a lot of ammunition to
political opponents, it also gives the
people who voted them in second
thoughts on whether they made the
right choice in electing immature
individuals who prefer to air dirty
linen in public instead of sorting
them out behind closed doors.
Pakatan Rakyat must learn that
it is now governing five states. Its
members can no longer behave like
placard-carrying, slogan chanting
street protesters. The “NGO” and
“opposition” mentality must be re-
no one, including its outspoken
organiser, was detained.
We are reminded of the peaceful
Ride for Change. The police rounded
up the young cyclists in Rawang, ar-
rested a Member of Parliament and
charged the organisers.
Why is there a double standard in
the way the police handle two differ-
ent situations?
In one instance accusing the
organisers of using children and in
this incident in Penang, involving
400 children and teenagers, the dem-
placed by a more politically mature
attitude in highlighting issues and
solving problems.
They must take a leaf from Ba-
risan Nasional and settle problems
quietly. Pakatan Rakyat must be
careful not to squander this golden
opportunity given to them by the
electorate or risk being shown the
door in three years.
Race relations should continue
being a touchy topic, what with
2008 ending with the government
telling the Catholic community that
it cannot use the national language
in its publication, the Herald. And
the use of the Arabic term for God
will be deliberated by the court.
But we are also optimistic that
2009 will bring good tidings – for
one we anticipate the dawn of an
effective Anti-Corruption Agency
with the Malaysian Anti-Corruption
Commission. With the restructured
agency there is now little excuse for
our graft fighters from going all the
way to combat corruption.
With toll concessions being
made public for the first time, 2009
will tell the people if their billions
of ringgit were used prudently or
went into the pockets of the fa-
voured few. One is gearing up for a
full onslaught of the people’s wrath
as we anticipate that there will be
many questionable segments of the
concession agreement leading to
demands for heads to roll.
Well, it seems like the incoming
prime minister will have a lot on his
hands. We wait with bated breath to
see how he will lead us through the
old and new challenges, and brave
other obstacles that will be surely
put in his path.
Here’s keeping our fingers
crossed!
Terence is deputy editor special
reports & investigations. Feedback:
terence@thesundaily.com.
onstration was allowed to proceed
without any incident.
If you, Sir, can allow more such
demonstrations to be organised by
political bullies in the name of de-
fending their own race, this country
will continue to see greater racial po-
larisation. And, in your own words,
the crime rate has increased because
of such political rallies as witnessed
on Sunday.
Political Observer
Via email