Justice not served?

I saw this piece of news today and it gets me thinking, how could this case got thrown out of court because to me and my own humble opinion it was obvious that Mr Selva Durai does have a case against his employer.

I works in a manufacturing factory and I can tell you there's at least 5 jobs that is less stranoues than repairing and overhauling molds that pays the same as what Mr Selva Durai gets.

My own opinion is that the employer simply no longer want to bear Mr Selva Durai's medical expenses after the second hard attack.

Hmm, I haven't have anything Casio since I was 12 and looks like I will never have now.

*My views are mine alone. Yours maybe different. Don't sue me for defamation, please.

Court: Asking employee to be medically boarded out is not victimisation

By CHELSEA L.Y. NG

KUALA LUMPUR: A boss’ suggestion to a sick employee to apply to be medically boarded out does not constitute victimisation.

In fact, it indicated the boss was a caring employer, the Industrial court ruled.

“The actions of the company in looking into the possibility of a medical boarding-out and making a claim to SOCSO for benefits is not in breach of the contract of employment,” court chairman Amelia Tee Abdullah said before throwing out technician I. Selva Durai’s claim for constructive dismissal against Casio (M) Sdn Bhd.

“These actions were taken out of a concern for his health as he had suffered two episodes of heart attack within a relatively short span of time,” she said.

Tee said that all the company had done was to advise Selva Durai on all the possible benefits and provide him with the appropriate forms but it was entirely up to him to apply.

“Nothing can happen if he did not fill up the form or if he did not return it to the human resources department.

“He would have continued working. The court is unable to see any basis at all for him to walk out of his employment on Oct 21, 1999,” she said.

“It would be a sad day indeed, if the concern shown by an employer for the health and well-being of an employee can be used against it,” she said.

Selva Durai joined the company on March 10, 1997, as a technician in the toolroom of the moulding department with a basic salary of RM856 per month.

His job functions were to repair moulds for watches and calculators as well as to overhaul the moulds.

He suffered heart attacks in January and March 1998 and was advised by doctors to lay off heavy or strenuous work.

He then asked to be given lighter work but was instead, given the SOCSO forms to fill up, which he described as an act of putting pressure on him and harassment.

The company claimed that there were no light duties available at its premises.