Was Malaysia Airlines ever declared bankrupt, asks union

PETALING JAYA: A union today asked if Malaysia Airlines was ever declared bankrupt, following Human Resources Minister Richard Riot’s claim that 3,600 retrenched workers could not seek any claims or justice through the court because the airline had gone under.

In a statement today, National Union of Flight Attendants Malaysia (Nufam) president Ismail Nasaruddin said Riot appeared to be confused over the matter.

He added that the issue now was whether Malaysia Airlines had actually filed for bankruptcy.

If this was the case, he also asked why it had been allowed to operate with many senior members of management retaining their old positions with the new airline today.

“We would like to ask the minister if MAS was ever declared bankrupt to his ministry and the labour department. Was MAS also advised of this decision officially made by him claiming they are a bankrupt company?

“Furthermore, there was no bankruptcy notice served to all MAS board of directors by the courts or the insolvency department the last time our lawyers checked.

“Or was the minister merely trying to protect the airline because it belongs to Khazanah Nasional?” he said.

Ismail was responding to Riot’s comment today in which the minister had said the human resources ministry could not legally go after Malaysia Airlines as the company had declared bankruptcy.

Riot had also said that the ministry is not legally required to provide an explanation.

On Sept 21, Nufam had questioned the delay by the human resources ministry in referring the cases of the 3,600 laid-off workers to the Industrial Court.

Ismail said then that the former Malaysia Airlines workers had filed their cases with the ministry more than two years ago but there had been no progress.

Ismail added that Riot, as the human resources minister, had failed to adhere to the justice system for the workers who had suffered badly due to his decisions.

Ismail said Riot had reportedly supported Malaysia Airlines in its retrenchment exercise, saying it had been done fairly.

“These workers are merely demanding their rights through the legal system. Why is he preventing it?

“He cannot decide if the case has no merit as only the court can decide this.

“He is giving the impression that no company can also be brought to court by workers if these companies are all declared bankrupt,” he said, adding that the impression given by Riot was that such companies were given special protection.

Ismail asked how Riot was going to respond to other workers whose cases have been filed in court all these years. He also questioned why the department of industrial relations allowed cases to be filed then.

Ismail reiterated that the retrenchment cases must be left to the courts to decide, and that it was not the minister’s decision to make in his personal capacity.

“We are talking about the livelihood of thousands of workers and their families. We urge the minister not to tarnish the country’s existing labour legal system.

“From the beginning, he has said these workers will be given justice and that their welfare will be looked after. Today, his statement has changed dramatically.”

Ismail said Riot, with his recent remarks, had opened himself up to more questions involving thousands of other retrenchment cases in the country.

“We just wonder how he will explain to them after they have read his latest statement,” he added.

In June 2015, Malaysia Airlines announced that it was laying off 6,000 of its workers as part of a restructuring programme. Out of that number, 3,600 came under the union. -FMT