A former employee of the Women's Crisis Centre is suing the non-governmental organisation for unfair dismissal and non-payment of overtime claims.

Former shelter coordinator Salasiah Man, 51, claimed in her statement of case that she was the "subject of victimisation and exploitation" and is seeking reinstatement and payment of all arrears of salary and other overtime dues after she was fired in 1998.

The hearing for the case started at the Penang Industrial Court yesterday with the testimony of former WCC President Siti Hawa Ali. It was later rescheduled to continue next month.

WCC is expected to call five witnesses while Salasiah is expected to be supported by two witnesses.

According to Salasiah's statement of case, she was dismissed after the WCC disagreed with the claims and compensation she had submitted for overtime work and for working on her off and rest days.

Salasiah said that sometime in August 1997, she had raised the problem of not being able to take her off and rest days with her employer. She was later directed by WCC's executive director to put in "whatever claims she had in relation to the matter she had raised".

"Discrepancies with regard to the claims surfaced at [a Dec 29, 1997] meeting but the matter was resolved amicably at the said meeting and a clear understanding was reached on the matter," she said in the statement.

Position downgrade

Salasiah stated that she was also dissatisfied with her ex-employer's action in "downgrading her position to shelter assistant effective Sept 1, 1997".

The former social worker who started work in WCC in June 1996 claimed that she was suspended from work on Feb 9, 1998 after submitting a letter to protest her new position and a domestic inquiry was held about her case in April.

"The claimant avers that the entire disciplinary procedure was unconstitutional and purported domestic enquiry held on April 30, 1998 was a sham and not conducted according to the principles of equity or labour law," the statement said.

Salasiah was subsequently dismissed on May 13, 1998 and did not receive any money pertaining to her claims from WCC.

False claims

Meanwhile, in its statement of reply, WCC alleged that some of the claims submitted by Salasiah were "false as either there was no client at [WCC] and/or the claimant had in fact not performed any overtime".

The shelter said it issued a show-cause letter to Salasiah over the matter and added that at no time were the "said false claims" resolved.

"Upon receipt of the claimant's reply, the claimant was suspended from work on April 9, 1998 for the purpose of holding a domestic inquiry," said the reply statement, adding that Salasiah was found "guilty as charged" and dismissed from service.

With regard to the issue of downgrading, WCC said Salasiah was appointed to the position in Oct 1997 but did not protest during that time.

"The claimant, by not leaving her employment for four months, is deemed to have accepted her new position," said the statement.

WCC also rejected claims that the "new offer" (of employment position) bore any relevance to the disciplinary action taken against Salasiah which resulted in her dismissal.

Salasiah is represented by Cecil Rajendra and Nazriah Sheikh Alawdin on behalf of the Bar Council Legal Aid Centre, Penang, while Parvin Kaur Jessy is the counsel for WCC.

Industrial Court chairperson Siti Khatijah Syed Hassan Babjenid presided over the case.