High court orders Labour Court to hear undocumented worker's wage claim

Shah Alam High Court Judge Azizah Nawawi (above) today ruled that the Labour Court must hear an undocumented worker's case to claim over RM30,000 in unpaid wages.

Nona* (not her real name) had appealed against a Port Klang Labour Court decision last August to dismiss her claim filed against the respondent identified by court documents as Angee Lee.

Azizah, in delivering her ruling, said the Labour Court had acted prematurely to dismiss Nona's claims on the grounds that it does not have jurisdiction to hear a case against an undocumented worker.

"The Labour Court had only considered the issue of whether the appellant (Nona) had a valid working permit.

"I am of the considered opinion that it is premature for the Labour Court to consider the valid permit issue without first ascertaining whether there was any employment relationship between the appellant and respondent," she said.

"If there was no employment, the issue of a valid work permit does not arise at all," she said.

Azizah went on to cite witness statements from both the appellant and respondent which she said indicated "clear dispute of facts" on the status of Nona's employment relationship.

"In conclusion the appeal is allowed with cost of RM5,000.

"The case is remitted back to the Labour Court for hearing," she said.

At this point, the respondent's counsel, K Renuka, informed Azizah that there was a previous agreement reached with Nona's counsels that the witness statements will not be used as evidence as it was never referred to by the Labour Court.

"Instead of redoing a full set of record of appeal, we (respondent) have agreed for our learned friend to highlight this (agreement) to court during case management, and this was done," said Renuka.

Lawyer SP Devi, who appeared for Nona (above), also confirmed that the matter was raised to a previous judge hearing the case.

She further informed Azizah that there was no admission of facts at the Labour Court because it had ruled to dismiss the claim solely on the grounds that Nona did not possess a valid work permit.

After hearing clarifications from both parties, Azizah said she maintained her decision that the Labour Court must hear Nona's claims based on its merits.

Nona was present at the Shah Alam High Court today, accompanied by migrant rights group Tenaganita representative Joseph Paul Maliamauv (below).

When met later, Joseph Paul welcomed the High Court decision that there is a need for undocumented workers to be heard.

"That (right) was denied in the first place," said Joseph, adding that they will proceed to file the necessary orders for Nona's case to heard at the Labour Court.

He, however, noted that more than two years have passed since the claim was first filed, and there will a greater challenge for the Labour Court to prove Nona's employment status.

Nona has sought refuge at Tenaganita's office in Petaling Jaya since mid-2017 after fleeing from her errant employer of four-and-a-half years.

Tenaganita previously said that the total figure filed in the claims was based on their calculations of Nona's unpaid wages, as well as other benefits. - Mkini