Dismissed Us Embassy Guard Makes Legal Fund Appeal

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A former security guard for the US Embassy in Kuala Lumpur, L Subramaniam, has launched a fundraising drive for legal fees after another hiccup in his long-running battle over unlawful dismissal.
“Our lawyers have been doing the case pro bono but now we need funds that will help Subramaniam to finance the legal costs as well as to carry out a campaign to get justice for him.
“For 15 years, PSM and Subramaniam have endured the legal battle which has gone a full round.
“The matter went to Industrial Court twice and it went right up to the Federal Court, now the US embassy is using all its resources not to pay a single cent after losing in the Industrial Court,” said PSM deputy chairperson S Arutchelvan.
He told Malaysiakini that PSM feared the case would go for another round through the High Court, Court of Appeal, and Federal Court.
“Our lawyers have been very kind and have not even asked us disbursements but we need to raise funds since the case is going for another full round.”
PSM deputy chairperson S ArutchelvanPSM said the Industrial Court ordered the US Embassy to pay compensation to Subramaniam but the embassy again defaulted on the payment and went again to the court to continue taking cover under the Immunity Act.
On Oct 3, the Kuala Lumpur High Court granted leave to the US Embassy in Malaysia to challenge the Industrial Court ruling awarding RM66,000 to Subramaniam who was dismissed 15 years ago.
Judge Amarjeet Singh allowed the superpower’s judicial review leave application after no objections were raised by Subramaniam, as well as the Industrial Court.
The Appellate and Special Powers civil court division then set Jan 16 next year to hear parties’ oral submissions on the merits of the judicial review proper.
Jurisdiction contention
On May 2, it was reported that the Industrial Court awarded RM66,000 to Subramaniam over his alleged unlawful dismissal from the US Embassy in Kuala Lumpur in 2008.
From the onset, the US Embassy’s legal team contended that the Malaysian Industrial Court had no jurisdiction to hear Subramaniam’s unfair dismissal case.
Arutchelvan said PSM was working on pushing the government to implement a new law which will protect Malaysian workers who work in foreign embassies and international organisations.
“A law similar to the one in the UK needs to be enacted here so that workers will be protected.
“PSM also plans to lobby trade unionists in the US as we are sure such labour practices that were used before terminating Subramaniam will not be tolerated there.
“The US government’s role needs to be exposed and we need to protect similar cases of workers in other embassies,” he added.
Any contribution or donations to Subramaniam can be made through:
Public Bank
Account name: JPKK Communications
Account no: 3232440525
JPKK or Jaringan Pekerja Kontrak Kerajaan (Government Contract Workers Network) is a committee fighting for cleaners and security guards in Malaysia. - Mkini

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