Ahh...There's still hope!

There is still hope, I guess. Its been a while since I logged in to post, simply because there isn't anything new that isn't posted already.

Until today that is. Apart from all the doom and gloom, there might just be a glimmer of hope.....

Sacked man gets RM62,000 in back wages and compensation

KUALA LUMPUR: An employer needs to consider other alternatives before resorting to dismissal for misconduct, the Industrial Court ruled.

It made such a finding after evaluating the circumstances in the dismissal of K. Ramachandiran, 48, by Carlsberg Brewery (Malaysia) Bhd for misconduct.

Ramachandiran was caught by security personnel for having two cans of Carlsberg Special Brew beer, belonging to the company, underneath his driver’s seat when he was leaving the brewery upon completion of his shift at 11.05pm on March 5, 2002.

Court chairman Gulam Muhiaddeen Abdul Aziz ruled that the employer should have considered alternative punishment available in the light of Ramachandiran’s guilty plea and his untarnished record of service with the company for 21 years as well as mitigation by the union.

“In determining the reasonableness of an employer’s decision to dismiss, the proper test is not what the policy of the employer was, but the reaction of the reasonable employer in the circumstances.

“The company’s Rules and Regulations must always be considered in the light of how it would be applied by a reasonable employer having regard to equity and the substantial merits of the case.

“A reasonable employer would not have dismissed the claimant in the circumstances of this case. The claimant was not holding any post of trust when he committed the offence,” he said in his 19-page award handed down on Aug 26.

He said the claimant, represented by counsel A. Jayaseelan, had shown his remorse by pleading guilty from the beginning when he was given a show-cause letter.

“He had served the company for 21 years without any disciplinary problem and had been promoted from general worker to machine attendant although he had only a Standard Six qualification.

“However, just because the claimant had committed an offence which according to the company is a serious misconduct, the mitigation factors were disregarded,” he said.

Gulam said for the reasons and the grounds of equity, good conscience and substantial merits of the case, he found that the misconduct of claimant is not sufficient to justify the dismissal. Gulam said he found the dismissal to be without just cause or excuse.

He ordered the company to pay the father of two RM62,118 in back wages and compensation in lieu of reinstatement.

As for the remedy sought, Gulam said reinstatement would not be beneficial to both parties.

The company held a domestic inquiry on March 21, 2002. The claimant attended the inquiry with union representatives who mitigated for alternative punishments.

Relocation of temple shelved temporarily, says Khalid

Wah! So fast meh?

SHAH ALAM: The decision to relocate the Hindu temple in Section 19 to Section 23 has been temporarily shelved due to protests by some residents, said Selangor Mentri Besar Tan Sri Abdul Khalid Ibrahim.

He, however, said the state government is looking for more suitable sites to relocate the temple.

Earlier in the morning, Khalid had a dialogue session with residents of Section 23 to resolve the issue of the relocation of a century-old temple from Section 19 to Section 23.

He wanted to explain to the residents the reasons for the relocation and to find an amicable solution.

His explanation and that of the Shah Alam mayor Mazalan Md Noor fell on deaf ears as protesters and residents numbering some 300 constantly shouted and booed at them.

Also trying to explain to the unruly crowd were Shah Alam MP Khalid Samad, Batu Tiga state assemblyman Rodziah Ismail, and state development agency PKNS chief Othman Omar.

The dialogue session ended at about 12.30pm without any amicable solution due to the fracas.

Khalid announced that there was no final decision on the matter yet as an agreement could not be reached at the dialogue.

The dialogue was planned when residents of Section 23 here staged a protest last Friday against the Pakatan Rakyat-led government’s decision to relocate a 150-year-old temple from Section 19 to their Malay-majority area.

The protest sparked controversy when some of the participants brought along a cow’s head and left it at the gates of the state secretariat building.

And another by-election

Another by election is slated in the near future. Looks like there will be another round of campaigning by both sides.

Word of advice to all elected representatives, apart from serving your constituency, don't forget to look after yourself!

Kartika now in better state of mind, says dad

I met with a leading activist a few days ago and when we chatted about what was happening in and around Malaysia, she mentioned the case of Kartika. Kartika is one of the many Malaysians who are afflicted with stress and pressure much like the normal Ah Lian, Aminah and Devi on the streets. And the escape that she chose, like most of us, was a couple of beers down at the lounge. By the way, if you are one of those Malaysians afflicted with troubles and you think you have nowhere to go to, think again. For matters relating to religious persecution, there are associations to help you, in Kartika's case, there is SIS (whom PAS wants to ban!)

It mattered not to those who arrested her, and it certainly mattered not that she is a parent of two kids, who themselves have a battle to fight (one with a hole in the heart, and the other Autism). The judge chose to pass a sentence 'befitting' a beer drinker with lashes of rottan, whilst previously letting people off with stern warning and fines. Who are those who were let off? I don't have names, but I bet those who were should thank their lucky stars, but really?

Do we thank our lucky stars when we are allowed to drink beer? I shan't go into this argument for fear of being thought of as insulting another religion. Selangor-ites have other things to worry about in the very near future, as after the banning of beer sales, they are now going full force to stop muslims from consuming alcohol.

I clearly remember the proposed banning of 'neighbourhood' pubs by the previous state government, which naturally lead to an outcry that could not be ignored. It seems, this new change brought about by PR is supported by those who want to see change!.....Ahhh. Anyways, I am going to head down to a pub near my ole place, that a friend has just opened.
If you want to know where is Reggie Lee's new hangout, do drop me a line!

And this was reported in the Star today....

By CHAN LI LEEN- The Star

KUALA KANGSAR: Shukarno Abdul Mutalib is relieved to see that his daughter Kartika Sari Dewi’s behaviour has changed for the better ever since the whipping sentence imposed on her was highlighted by the local and international media.

In the past, Kartika would weep constantly and insist that she be whipped for her wrongdoings but now she appeared to be calmer, he said.

“At least now, she has agreed to meet with officials from Jakim (the Islamic Religious Development Department of Malaysia),” Shukarno told reporters after Jakim assistant director (akidah) Halim Ahmad and two female religious teachers paid his family a visit at his resort-cum-home in Kampung Jawang near here yesterday.

Courtesy call: Halim (left) meeting Shukarno at his resort-cum-home in Kampung Jawang near Kuala Kangsar Wednesday as the two religious teachers from the department look on. Kartika (inset) was believed to be in Ipoh when the officials came for a visit.

The 32-year-old part time model was believed to have gone to Ipoh in the morning to get medical treatment for one of her daughters.

“We discussed how to get Kartika through this traumatic experience but nothing was said about making an appeal,” Shukarno said when asked about the meeting between him and the Jakim officials.

Halim said he had advised the family to remain strong, adding that they should heed any advice given by the Perak Mufti Tan Sri Harussani Zakaria.

Pahang religious officers had produced an arrest warrant on Monday to take Kartika to the Kajang Prison to undergo her punishment. However, the van carrying Kartika made a U-turn after a short distance and took her home.

They told Shukarno that the punishment could not be carried out due to orders from the higher authorities.

“There are calls for us to appeal but we do not know how to go about it. That is one of the reasons why we have consulted people who are experts in Islam, like the Perak Mufti,” he said.

Meanwhile, Kelantan Mentri Besar Datuk Seri Nik Abdul Aziz Nik Mat has expressed discontent over the manner in which case was handled.

He added that while he did not want to comment on the decision of the court, he was disappointed at the authorities’ indecisiveness in carrying out their duties.

“One moment, they want to carry out the caning sentence and the next moment, she is sent home.

“All this will destabilise the court,” Nik Abdul Aziz told reporters after chairing the exco meeting in Kota Baru yesterday

Inquest Insider

So, the cat's out of the bag. According to Malaysiakini, who exposed many things before, believable and also unbelievable, the contents of the letter points to a conspiracy between MACC and a 'Top' politician.
Believed to be written on a MACC letterhead, the contents are surely explosive.

All I got was, Senior MACC officer, Top Politician, Conspiracy, Push and Belt.

I am sure you already have the full contents by now over the many sites that carried the news.

Drama Queen

When Wong Chuan How, aide to Selangor Exco member Ronnie Liu was arrested by MACC, he exclaimed " I don't want to die' and was duly recorded by NTV7 crew members assiged to that story.
It happened when the 'scuffle' began between MACC officers and Wong and his 'people'.

What did he mean when he said he didn't want to die?

Did he know exactly what happened to Teoh Beng Hock when he said that?

Clearly, people are no longer able to be rational. In Wong's case, he has decided that MACC are murderers, as with the lot of opposition supporters. The inquest is no better, as those tasked with finding out what happened are hell bent sure that MACC officers pushed Teoh out the window. A lawyer even hyphothetically supposed that a group of MACC officers supposingly threatened him by pushing him out the window, and when Teoh's belt snapped, he fell out to his death.

Such is the case, that when people watch too much 'CSI', they think they can do the job of these crime scene technicians. Of course, it does not help the case that we have imberciles for CSI officers, not doing their work thoroughly.

I suppose nowadays, we have to treat any death as suspicious, don't we? As for drama queens, the Oscar has to go to Wong. He deserves it.

Smokescreen......

Its a common tactic used in warfare. When moving your troops in battle, throw a few smoke bombs, and then move them.

But in business, this can also be used. For example, when you are accused of wrongdoing in a multi billion RM project, accuse your accuser of having no locus standi.

LEE'S APPOINTMENT AS CHAIRMAN CHALLENGED - NST ONLINE

KUALA LUMPUR: Kuala Dimensi Sdn Bhd, the contractor for the controversial Port Klang Free Zone, is challenging the legitimacy of Datuk Lee Hwa Beng's appointment as chairman of the Port Klang Authority.

And it has given the Transport Ministry until 4.30pm today to produce Lee's appointment letter from the Yang di-Pertuan Agong or for the the king's office to confirm that he is occupying the post legitimately.

It wants the letter to be published in the media or posted on the ministry's official website.

KDSB deputy chief executive officer Datuk Faisal Abdullah, who issued the challenge yesterday, said ever since PKA began its public spat over the PKFZ, the company had consulted its lawyers whether to deal with Lee or not.

"Our lawyers have advised that the minister of transport has no statutory power or prerogative to extend the term of office of the chairmanship of PKA under the Port Authorities Act 1963. Lee is an usurper of a statutory office," he said at a press conference.

Faisal said KDSB had gathered from the blog of the Minister of Transport Datuk Seri Ong Tee Keat that he personally decided to extend Lee's tenure as chairman when it expired on March 31 this year.

"According to our lawyers, the statutory power or prerogative to appoint a person to act as chairman of PKA is vested with the Yang di-Pertuan Agong as provided for under Section 2(4) of the act, not the minister of transport.

"The minister of transport is only empowered to appoint the general manager and not less than five but not more than nine members of the Port Authority.

"Is the minister statutorily empowered to do so? If not, is it not an abuse of a ministerial position? If so, is not Lee assisting the minister in the abuse of powers?"

Faisal said Lee had committed PKA to a number of actions after March 31 that had damaged the image of KDSB and the government.

Faisal said if the ministry failed to produce Lee's appointment letter, he would let his legal team decide on the next course of action.

He again raised the company's request for a copy of the special task force report on the PKFZ and said that KDSB's lawyers had officially sent a letter of demand for it.

Faisal said the brouhaha over the PKFZ was a contractual dispute which was quite common in any business and could be settled in court.

But what was happening now had pushed KDSB to the wall, he said

"We are constitutionally right to defend ourselves."

Tell you what, Faisal. Why don't you not waste time with this sandiwara and produce the missing link?

No Upmarket Address in this Up market Institution

Going back to February pre election, Tun Abdullah Badawi 's reputed crony, Annuar Zaini had apparently championed a trade off, whereby Universiti Malaya was to inherit a RM3 million clubhouse for the benefit of Alumni members on top of five acres of land should it go ahead with the parting of 27 acres of lush green land for the benefit of a private consortium.

That expose turned a lot of heads, then again, any expose during Tun Abdullah's time did turned heads. In fact, most expose was credited to a top blog, no names mentioned, for fear that it will revive the 'powerful' tag, that never was. Big dog coughed it up, and specifically made a beeline fo Annuar Zaini (is this the same Annuar Zaini that Wee Choo Keong was referring to recently?)

Thankfully, some people have their heads screwed on alright. And yesterday (coinciding with the covocation of UM graduates) the Malay Mail did the right thing in asking Deputy Chancellor, Dato Dr Ghauth Jasmon on the status of the proposed trade off. In trying to get to the matters at heart, something Malay Mail used to do very well, I sense that it is heading the right direction.

It is confirmed then, the project is a no go, and UM lives again!...I guess.

Ohh, Malay Mail also has a lis of who's who in Malaysia who graduated from UM, butt I did not expect to see one name there, perhaps it is a blemish in UM's rectcord.....