Many complainants involved in trade disputes at the Industrial Relations Department were forced to pay between RM1,000 and RM3,000 to "buy" written submissions from conciliation officers, alleged the Bar Council today.

The council's industrial court practice committee chairperson Roy Rajasingham said the lawyers have received numerous complaints from their clients claiming they were made to pay for the written submissions prepared by the officers themselves.

"These officers would request both parties for the written submission for consideration before they submit their recommendation to the Human Resources Minister.

"Then they would ask the parties to buy the submissions prepared by themselves for a fee," said Roy.

He also claimed that there were attempts by the officers to keep lawyers from advising the complainants as they would have to follow the officers' demands.

"If the complainants refused to obey the demands, the officers threaten not to refer the complainant's case to the ministry or take the necessary steps regarding their complaint," he said.

Official complaint

Roy also said the Bar Council had lodged an official complaint with the ministry in a meeting they had with Human Resources Minister Fong Chan Onn, the ministry's secretary-general and IRD six months ago.

"We told them that this unprecedented practice is not proper. Although the officials assured us that they will look into the matter and will take remedial action as soon as possible, but to date nothing has been done as we still get complaints on the matter," he said.

Asked how rampant is the problem, Roy said he cannot state a figure but a majority of the lawyers have come forward with similar problems.

"It is claimed that the officers ask between RM1,000 and RM3,000 for the submissions," he added.

The alleged practice was first highlighted by lawyer KP Gengadharan during a discussion at the Industrial Adjudication Reforms workshop organised by the council on May 11.

He raised the issue by stating that lawyers' role in industrial disputes is important and their absence leads to complaints of abuse by the IRD officers.

Gengadharan said this in response to a union official's claim that lawyers should be given minimal role in industrial disputes.

Meanwhile, a senior lawyer told malaysiakini his client had to pay RM1,500 for the written submission prepared by a consultant referred (to his client) by a conciliation officer who was handling his complaint.

"The officer had asked my client to submit a written submission and referred him to a consultant who could prepare the submission.

"My client said he already had a lawyer but the officer boldly told him, 'But your lawyer cannot guarantee for the case to be referred to the court'. My client had no choice but to follow the demand," said the lawyer who has been practising industrial laws for the past 17 years.

He claimed that he knew several officers involved in this practice but said he did not have sufficient proof to make an official complaint .

"Lately I have not been getting the complaints. Such misconduct was rampant about four to six months ago," said the lawyer who declined to be named.

No proof

When contacted later IRD director-general Ismail Abdul Rahim confirmed receiving the complaint from the council but stressed that it was not supported by any clear proof.

"Whatever it is we are investigating it. So far we have never heard of this from the public. But we do get complaints from the public that lawyers who loiter around here demand between RM500 and RM2,000 up-front to represent them. But they did not say that my officers had anything to do with it."

Ismail said Gengadharan should not have made such an allegation against the department publicly without valid proof.

"In fact I have already signed a letter to the lawyer requesting him to provide us names and details to support his allegation.

"If the allegation is true, we will take actions against those involved. But if he cannot support his allegation, I demand that he make a public apology," he said.

The director-general stressed that there should be no question on his department's commitment to clear industrial disputes so that the present industrial harmony could be maintained and that he would not tolerate any misconduct which can hamper this.

Like Ismail, union officials too had no knowledge about the alleged misconduct involving IRD officers.

Dedicated officers

Malaysian Trades Union Congress industrial relations committee chairperson S Somahsundram said that despite the huge number of cases referred to the IRD, union officials have never faced such harassment.

"I have only heard about it, merely rumours . If the allegation is true, it only involves the complainants who are not represented by the union.

"Maybe those who were harassed held high posts like general managers and directors whose income bracket is very high as compared to ordinary workers like our members," he said.

The union leader also said that if the allegation is true, he is confident that not many officers are involved as most of them are hard working and dedicated.

"I know some work until night without overtime. We have thousands of cases before the conciliation officers but never had any problem," he said.