By Grace Q. Bryant
The Division of Labor Standards at the Ministry of Labour has ordered the management of Sime Darby/ Mano Oil Plantation Company to reinstate Philip S. Young and 25 other employees of the company.
Judge Charles M. Tuazama ruled that the wrongfully dismissed employees are paid 10 months of their accrued salary and benefits from the day of their dismissal up to present; as though they were never dismissed.
Judge Tuazama added that the management should pay the complainants 17 months’ salary as wrongful dismissal benefits in the tune of US$78, 663.89 as the dismissed action by the management was pre-calculated and wickedly carried out to bring untold sufferings to those peaceful citizens in violation of their fundamental right.
He maintained that the Management failed to refute the dismissal allegation rather accepted and gave justifications that is far from the reality or that is not in confirmative with the dismissal law provided in keeping with Chapter 14.3.
Judge Tuazama further explained that all 26 security officers that were dismissed by the management were not investigated as required by laws, stressing that the management witness testified that the vetting was scheduled for March 25-26, 2019 and officer Philip Young was suspended on March 25, 2019 therefore in the mind of the investigation, officer Young was suspended on or before the vetting day.
The judge explained that the dismissed action by the management against the complainants using Section 1.5(d) of the Decent Work Act of 2015 and Section 9.3 of the Concession Agreement as grounds for dismissal is a misrepresentation and misinterpretation of the Law and Section 9.3 of the Agreement.
The complaint filed to the Minister of Labor on March 25, 2019, the complainant explained how the Sime Darby Plantation/ Mano Oil Palm Plantation accused 156 security officers of continuous defiance demonstrated against the authority of the company and suspended them from work with without pay.
According to them, the communication served them by the company instructed the security to report to an investigative panel set up by the management to show cause why they should not be dismissed.
The complaint also narrated that following a hasty investigation conducted and concluded by the panel, 26 officers out of the 156 officers were summarily dismissed with no prior warning against any of the affected employees which according to them was in violation of the policies and spirit of the Decent Work Act of June, 2015.