Ex-Grab driver sues over ‘unlawful dismissal’
A former driver for e-hailing operator Grab has filed a complaint against the company at the Industrial Relations Department in Kuala Lumpur today over allegations of unlawful dismissal.
The driver, who asked to be identified only as "Loh", claimed that he had been dismissed over a misunderstanding with a client at the Senai Airport on Nov 4 last year.
A former driver for e-hailing operator Grab has filed a complaint against the company at the Industrial Relations Department in Kuala Lumpur today over allegations of unlawful dismissal.
The driver, who asked to be identified only as "Loh", claimed that he had been dismissed over a misunderstanding with a client at the Senai Airport on Nov 4 last year.
“The issue is that I had a misunderstanding with a client who brought too much luggage and wanted to fit all that luggage and his family of six into one car.
“I told them I could only bring three people and three of their bags.
“The client was dissatisfied and they scolded me until I was forced to let them off at (their) house and I also took photos of their bags for my reference but they were unhappy about it,” said Loh who is from Johor.
She thanked the IRD for accepting her complaint.
“I wish to thank the IRD for accepting the case and we await the response from both myself and Grab in the coming mediation talks,” said the single mother of one child.
Her lawyer Ng Kian Nam said the case was filed because Loh was unfairly dismissed by Grab on Nov 5 last year and a letter to the company on Dec 11 failed to obtain any response.
“Loh was dismissed without being given any reasons or reasonable excuses and she did not even have the opportunity to defend herself.
“We have no choice but to come here (to the IRD office) to explain the matter, and we hope the IRD will help resolve the issue,” said Ng, who is also the spokesperson for the "Campaign to Defend the Rights of E-hailing Drivers Malaysia".
Ng said the IRD will respond in five days regarding the upcoming mediation talks between the employee and employer, adding that the case was filed under Section 20 of the Industrial Relations Act 1967.
“We will wait for the IRD’s response and they said they will respond in five days. They will arbitrate between Loh and Grab,” he said.
For the record, Section 20 allows workers 60 days to make representations to the IRD if they have been dismissed allegedly without just cause or excuse which would initiate a mediation process between the aggrieved worker and the employer.
If a settlement cannot be reached, the case would be referred to the human resources minister who will then decide whether the case should be referred to the Industrial Court.
Meanwhile, a Grab spokesperson said any decision on a dismissal would have been conveyed to the driver concerned beforehand.
“Any decision taken against our drivers will always be explained beforehand,” the spokesperson told Malaysiakini when contacted.
The spokesperson added that there are several factors that could lead to a driver being dismissed include if there were many complaints against him or her.
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