To the Labour Court we go

Last year I filed a suit to sue my former employer for employment fraud, breach of contract and unpaid wages, and it all started with MCO 1.0.

The hearing was set on January 12, 2021, about 2 months later after filing, in the locality of the company - in my case it was in Kuala Lumpur Labour Office.

My hearing slot was set at 8.30am, the first order of the day, and I arrived just past 8am. Upon arrival, I submitted my appointment letter to the officer and registered.. As the office has just started its day work, at 8.30am sharp, the national anthem was played, which was funny as I have never heard the national anthem being played in a government office, then again, never was I this early.

The front counter.. 

So after submitting my papers, I waited nearby. A few minutes later, the defendants (ie representatives from my former employer) arrived. 

Once the papers are settled, the presiding officer came out and call out the case number, the complainant's and defendants' names and we proceeded to the hearing room.

Up until this point, I never even greeted or acknowledged their presences. 

The hearing room from my point of view. 
The defendants were seated on the other side of the room.

The whole proceeding was conducted in Bahasa Malaysia, and I am proud I still can argue a case on my own in Malay. Both parties were given sufficient opening time to state our side of the story, how the situation came about, why was the case filed, and the amount sued. Both parties were also given the opportunity to cross-examine each other's story to verify its truth. 

The presiding officer also raised one damning question to me:
- why I didn't gather everyone who was affected to file a collective suit

to which I answered, "I only acted for myself because the others don't dare to stand up for their rights."

At the same time, he also raised the damning question to the defendants:
- why didn't they get employee's consent to pay cut, consent to unpaid leave and consent to unpaid wages during MCO 1.0
- why Whatsapp was used to mow down intentions and instructions when it is clearly by law that every change of terms in employment contract terms & conditions must be in black & white, signed by both parties and agreed upon. 
- why was there no payslip
- why was there no black & white to record any and all 

..... none of which the defendants could answer, except for the fact that "the complainant is deemed to have accepted the Whatsapp messages by virtue of his act by following"

to which the presiding officer said, "Whatsapp is a chat tool and don't you know it cannot be used for official matters? Any change in employment terms must revise the offer letter and signed by both parties"

I smiled, because at this point, I know I would win my case.

2 hours later, after having proven my case beyond any doubt, and closed-door negotiations with the defendants, I won it through out-of-court settlement but I opted to have this case in file until full payment is received. 

The option given was:
a) to close the case, a handshake and direct deal with the defendants on settlement;
b) to file the case and have it in record until full settlement, and then I will have to apply to the Labour Court to strike off the summons and close the case

I agreed to settle out-of-court because:

- I really don't want to see or have anything to do with them anymore;
- I want it done before I walk out the door;
- if it goes to High Court, the judge will have the ultimate say, be it all or nothing or whatever ruled, something I cannot risk. 

I did not get everything I laid claim for, but at least both parties are in agreement to settle once and for all. Though the door is still open for an appeal at the High Court, that will be costly and I believe both defendant and myself would not want to do.

The precious summons.
Shown here is the front page. Appendices are the claims, the terms & conditions of the summons and also filing to the High Court should either party challenges this decision.

Its like casino, you go in and you win some. Do you leave, or do you go all-in? Well, that's how I play my chips, I win some I leave. 

I just want to say something, if your employer takes you on a joyride, just take them to the right place, file your grouses and have faith the law will always rule in favour of the rightful party. Just remember to have solid evidence to back up your claims even though it may not necessarily be requested. 

In summary, everything must be in black & white, signed and sealed with a kiss. FYI, they will not recognise Whatsapp messages, as I have shown and proven to you, ladies and gentlemen, that this damning piece of evidence is strong enough to support the entire case of not having things in black & white.