Wrongfully whipped: Migrant's last-ditch effort for justice in hands of IRD

 

A wrongfully whipped migrant worker, Sabri Umar, has left his last-ditch effort for justice in the hands of the Industrial Relations Department (IRD), which is to decide on his claim for reinstatement filed under Section 20 of the Industrial Relations Act 1967.

Meanwhile, Human Resources Minister M Saravanan told Malaysiakini that Sabri’s claim of wrongful termination would be treated fairly.

“I will instruct Industrial Relations Department director-general Khalid Jali to study the whole case carefully and be fair to him.

“His case will be treated fairly and in accordance with the law,” Saravanan said.

Meanwhile, Sabri, 31, who is from Indonesia, remained in Malaysia to claim his right to employment but is at the end of his tether because the two-week special pass issued by the Immigration Department will expire on Aug 25.

Sabri, who is also a victim of unlawful imprisonment and alleged unlawful detention, has yet to receive a date for the Industrial Court hearing.

Saravanan said he would also ask Khalid if it would be possible to hold the hearing before the special pass expires.

Human Resources Minister M Saravanan

Meanwhile, the Indonesian Consul at the Tawau Consulate-General’s office, Heni Hamidah, told Malaysiakini that she would focus her efforts on requesting a 30-day extension to Sabri’s existing immigration pass.

In support of Sabri, labour rights groups handed a memorandum to the Human Rights Commission of Malaysia (Suhakam) on Aug 10, calling for a public inquiry into the human rights violations suffered by Sabri.

The chronology of events that led to his unlawful whipping began with his wrongful termination of employment on April 4 (see below), and Heni said her team was also speaking to the Labour Department on this case.

Seeking justice

Sabri remains at an undisclosed location in Tawau and awaits a court date to pursue his unfair termination case, which he filed with the assistance of the Sabah Timber Industry Employees Union (STIEU).

The 31-year-old from South Sulawesi, who had been working in Fu Yee Corporation, a plywood factory in Kalabakan, Tawau, for the past seven years, claims that his relationship with his bosses started to sour after he joined STIEU.

Sabri was among 31 other local and migrant workers in the Fu Yee factory who sought their unpaid wages in 2020.

Sabri Umar

Sabri was arrested the day after he was terminated from employment and investigated under Section 14(a) of the Sexual Offences Against Children Act 2017.

However, he was eventually charged under Section 6(1) (c) of the Immigration Act 1959/63, despite having legitimate documentation.

Sabri claimed innocent to both charges, stating that the sexual misconduct accusation resulted from the manipulation of an incident where he fell off a chair and collided with a 14-year-old girl who, along with her family, stayed at the same workers’ quarters as he did.

However, he was administered five strokes of the rotan in Tawau Prison, despite a pending notice of appeal.

A month after his lashing, the High Court in Tawau acquitted Sabri but noted that he had already been caned.

Following his acquittal, Sabri told Malaysiakini that he would seek justice, even though he was terrified of being re-arrested under a sexual offence and finding himself behind bars as swiftly as he was put there the first time. - Mkini