Comments on: Injured worker awarded $69,000 in compensation, employer not paying

By: Mokawk

Mokawk — Tue, 29 Jan 2013 12:36:33 +0000

I think that “just saying” has come out with a creative solution for Mom and our Govt to seriously look into. Mom could pay out the compensation first and recover from the employer through due legal process in case of susequent default by the employer..
The ruling that the aggrieved worker could not be accompanied by how own representative or an NGO rep or counsel baffles me. It is also an unjust ruling. If an a unused criminal can have a legal council present to represent him, in a police interrogation, what is the rational for not allowing an aggrieved person to have proper representation before a MOM investigation ? What is MOm afraid of .?
Mohawk

By: Adam

Adam — Sat, 19 Jan 2013 18:17:11 +0000

If we want to become a gracious society – leaders in our country must champion the cause. I feel terrible sorry for so many foreign labors/students who has been cheated by our people.

By: rxmai

rxmai — Sat, 19 Jan 2013 05:28:12 +0000

Is it too late to engage the help from MWC, at least for the payment portion?

By: yawningbread

yawningbread — Fri, 18 Jan 2013 14:36:40 +0000

See, even you can come up with a creative solution (in your second last para). . . why couldn’t MOM?

By: just sayin

just sayin — Fri, 18 Jan 2013 14:03:39 +0000

Idt the behaviour is fishy tbh. I’ve heard of pple having their statements taken a second time bc the authorities are trying to bolster their case for them. Besides, from the pov of MOM, it is unlikely that they would be trying to discredit Uzzal now that sympathetic reports have come out (the comms major in me speaking). If anything, they will be trying their best to get the employer to pay the compensation so that they can look good. They would hardly be renewing his work permit month after month if they truly were attempting to deny his payment.

Actually, if I’m not wrong, if MOM prosecutes the employer and he decides to go to jail, there’s a thingy that will dissolve his responsibility to pay Uzzal!(pretty shitty tbh) I’m pretty sure most employers would pay if they could, and in this case, I believe the employer just couldn’t fork out the money. The employer could just be desperate enough to go to jail instead of paying Uzzal. Perhaps MOM avoids prosecuting employers bc they’re afraid they would take up that option, leaving Uzzal high and dry. And after all he’d been through!

Which makes me wonder if MOM has anything in place to aid employers in paying these things. Perhaps consider paying in installments? Or MOM could offer a loan? Or in exceptional circumstances, they could aid the worker first, then the employer would owe MOM money instead. Compared to the worker, MOM is def better equipped to chase for their $$$ back. And in the case of a default, MOM could take the financial hit a lot better than the injured worker.

I’m not siding with the employer or MOM, I just think that all sides have their issues and prosecuting the employer just doesn’t seem to be the optimum solution.

By: yawningbread

yawningbread — Fri, 18 Jan 2013 03:57:52 +0000

Some clarifications:

1. At the labour tribunal, no lawyers are allowed. No NGO reps either. The worker (despite language handicap) is on his own against his employer or employer’s rep.

2. “He should have insisted on payment before any further investigation is needed”. How can he insist? He cannot refuse to attend an MOM appt because MOM may then deport him at once.

By: rxmai

rxmai — Fri, 18 Jan 2013 03:45:51 +0000

Thanks for sharing Uzzal’s story with us. I hope he can work with the lawyer that represented him in court to learn what his rights are. He should have insisted on payment before any further investigation is needed (after an order has been passed). The sum of money is hardly enough to pay for all he has gone through for the past two and a half years. It would probably be good to share the name of the last MOM officer who interrogated him with media friends too.

By: 4Democracy

4Democracy — Thu, 17 Jan 2013 05:12:07 +0000

The system is really loaded against those who can only offer labour to feed our GDP growth. Contrariwise for those who can richly offer capital or who are employed to manage or look after that capital.

By: yawningbread

yawningbread — Wed, 16 Jan 2013 15:19:38 +0000

Because the interrogation was conducted inside MOM. Unless you’re suggesting that imposters run around loose within a ministry building?

By: reservist_cpl

reservist_cpl — Wed, 16 Jan 2013 08:01:00 +0000

This is not even a lack of generosity. Outright cheating and flagrant disregard of lawful orders.