Lawyer Moved To Tears After 93 Migrant Workers Win Rm760k In Back Pay

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It’s usually the workers who get emotional when a court rules in their favour, however, this time it was their lawyer who got choked up after successfully helping 93 migrant workers find justice.
The workers’ pro bono lawyer, Sahain Nada Puthucheary, held back tears of joy as he shared how he and colleague Joachim Xavier fought and won more than RM760,000 in back pay for former Aecor Innovation Sdn Bhd workers.
“I feel happy that they got what they were promised and they know that nobody can cheat them.
“Or if they do get cheated, they have the right to make it right. That's most important - that they know their rights are respected,” the 28-year-old told Malaysiakini.
Yesterday, the Shah Alam High Court affirmed a Labour Court decision last year that Aecor Innovation owed the workers back wages. The company had appealed the earlier ruling.
Sahain, a senior associate at Xavier and Koh Advocates and Solicitors, said this was his first labour case since starting practice three years ago.
He recalled how the toughest part was not the paperwork, despite going through nearly 100 employment records to prove the workers’ right to be paid, but understanding the workers’ daily struggle to survive.
“Understanding where they were coming from was the hardest part for me because I’ve never seen how they live - how they get food, gas to cook.
“I didn’t know any of this, but through this case I learned a lot,” he said.
The workers’ plight was revealed in Malaysiakini’s worker quota fraud exposé in November 2023, which alleged that a migrant recruitment syndicate of six Malaysian companies had brought in hundreds of workers using fake documents and by exploiting loopholes in the government’s system.
Collectively, the companies had allegedly applied for more than 4,000 workers but received approval for 1,625. Many of the migrant workers arrived in January 2023, only to find no jobs waiting for them.
Yesterday, the Shah Alam High Court ruled in favour of 93 workers, awarding costs and more than RM750,000 in total claims, including RM120,000 for unlawful deductions for phone bills, bedding, gear and cleaning costs.
Each worker received between RM2,000 and RM11,000 in unpaid wages after the High Court rejected Aecor Innovation’s argument that salaries depended on actual work performed.
After the judgment, Sahain explained the court’s decision to two workers representing the group.
“You work RM1,500 for one month, you get RM1,500 for one month. If you did overtime, you get overtime. That is what this court is saying.
“Nobody can say you need to wait for your work permit or you need to deduct (salary) because you messed up the bed.
“The Labour Department is correct and you are all also correct for asking for your money. So all 93 of you did something very brave. You all fought for your rights and today the court is telling you, you are correct for fighting,” he said.
The workers have since secured jobs with the multinational shipping giant Maersk.
Migrants not ‘stock labour’
In her decision, High Court judge Narkunavathy Sundareson agreed with the Labour Court that employers cannot treat foreign workers as a “reserve labour pool”, calling the notion “absolutely wrong.”
Sahain said he had read out the same passage that Narkunavathy cited during his closing submission in court because it captured precisely how migrant workers continue to be treated today.
“They use them as stock. It makes absolutely no sense to bring people in and just have them wait for you to have the opportunity to make money.
“Nobody comes from another country just to do that,” he said.
One worker, who declined to be named, said he was overjoyed and urged others pursuing cases with the Labour Department to persevere.
“InsyaAllah, if you don’t make mistakes in the (legal) process and with unity and our diversity, you will win the case,” he said. - Mkini

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