Firm sues FGV Plantations in pay dispute over supply of migrant labour

A manpower firm has hauled a Felda subsidiary to court over the latter’s alleged refusal to pay RM323,700 for the provision of migrant labour from India.

Plaintiff Selasih Solution Sdn Bhd filed the writ of summons at the Kuala Lumpur Sessions Court on May 28.

However, on June 12, defendant FGV Plantations (Malaysia) Sdn Bhd filed its memorandum of appearance to respond against the civil action.

According to a copy of the statement of claim Malaysiakini sighted, Selasih Solution claimed that FGV Plantations only paid for 277 of the migrant labour provided between Nov 23, 2022 and Nov 21, 2023.

The plaintiff claimed that the defendant has yet to pay RM323,700 for the remaining 23 workers.

Selasih Solution claimed that via a letter of award dated Oct 5, 2022, FGV Plantations appointed it as a contractor to provide a total of 300 migrant workers for a project called “Panel of Recruitment Agencies to Supply Migrant Workers to FGV Group of Companies - India Workers”.

The plaintiff claimed that it had fulfilled its part of the agreement in the letter of award by providing the workers in 13 stages, with the first 12 stages of workers provided between Nov 23, 2022 and Nov 21, last year.

Selasih Solution claimed that it had incurred costs such as flight tickets, health checkups, accommodation, food and transportation in India where the workers were.

The plaintiff alleged that the defendant only paid for the first 12 stages of workers and did not pay for the last stage amounting to RM323,700.

Bounced cheque

The company claimed that the terms of the letter of award required FGV Plantations to make the payment within 30 days of the date of the invoice for the amount, with three invoices dated between Nov 6 and Nov 22 last year.

Selasih Solution alleged that FGV Plantations gave a cheque dated Dec 18 last year for RM323,700, but it was declined due to “payment countermanded (technical)”.

The plaintiff claimed that despite sending numerous reminders and a letter of demand to FGV Plantations, the defendant purportedly made excuses not to pay.

Besides the RM323,700, Selasih Solution seeks unspecified general damages, five percent annual interest on any awarded sum, costs, and any other relief deemed fit by the court.

Law firm Kavi & Co is representing the plaintiff, while Zul Rafique & Partners is acting for the defendant.

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