Perak exco rejects PSM claim of pro-employer bias in hospital cleaner dispute

Perak executive councillor A Sivanesan has rejected allegations by PSM that he favours employers in a labour dispute involving a hospital cleaner who claimed she was assaulted by her supervisor at Seri Manjung Hospital.

The DAP state exco for human resources, health, and Indian community affairs said his longstanding involvement in the labour movement demonstrated otherwise.

Responding to PSM deputy chairperson S Arutchelvan, online portal FMT quoted Sivanesan as saying, “The unions and employees know that I have never represented any employer in my life. So to call me pro-employer is actually defamatory.”

However, Sivanesan (above) yesterday said his role in the state government required him to remain neutral in labour disputes.

Earlier yesterday, Arutchelvan criticised Sivanesan’s handling of a dispute involving a hospital’s janitorial staff, saying it “deeply embarrassed” DAP stalwarts who have championed workers’ rights.

The scathing criticism came after Sivanesan said the dispute should have been settled between their employer, UEM Edgenta, and the National Union of Workers in Hospital Support and Allied Services (NUWHSAS) without the hospital’s involvement.

Sivanesan said a police investigation also found no criminal elements in an alleged incident on March 27 that led workers to hold a picket outside the Seri Manjung Hospital on May 18, and the matter has been referred to the Labour Department for further action.

“Is this the current policy of DAP; something that figures like V David and P Patto would be deeply embarrassed by?

“The least the exco could have done was remain neutral, rather than openly and clearly demonstrating a pro-employer stance. This will undermine justice and complicate police investigations into the matter,” said PSM deputy chairperson S Arutchelvan in a statement on Thursday.

Earlier, Sinar Harian reported on Tuesday that videos of the picket had gone viral on social media.

Responding to the incident, Sivanesan reportedly told a press conference that the hospital had nothing to do with the dispute, which instead involved the hospital’s contractor, which was tasked with providing hospital support services.

“The Seri Manjung Hospital is not the workers’ employer. If there is any dispute, they should settle it with the company.

“Even if there is a protest, it should be done outside the company’s headquarters, not at the hospital,” said the four-term Sungkai assemblyperson.

He added that apart from official investigations, UEM Edgenta is also conducting an internal investigation and has informed its findings to the union, before the picket.

Despite that, Sivanesan said the union went ahead with the protest without seeking approval under the Industrial Relations Act 1967 or notifying the police under the Peaceful Assembly Act 2012.

Sivanesan also reportedly criticised the involvement of a political party in the protest, which he claimed is a bid to mislead the people into believing the hospital is responsible for the issue.

The report did not name the political party or specify the nature of the purported March 27 incident that led to the picket.

Alleged verbal abuse and assault attempt

Meanwhile, Arutchelvan said Sivanesan’s position marks a departure from the 2022 stance of then-health minister Khairy Jamaluddin, who acknowledged that the Health Ministry shares responsibility for workers contracted by concessionaires to serve ministry facilities.

“Now, we have a DAP exco trying to wash his hands of the same responsibility,” Arutchelvan said.

According to Arutchelvan, a supervisor working for UEM Edgenta purportedly verbally abused and attempted to assault a worker at the hospital, for which the union has lodged a complaint to the employer and lodged a police report on March 27.

The union resorted to the picket after no action was taken against the supervisor.

Arutchelvan said it is unbecoming and premature for the exco member to state that the case has been classified as “no further action” (NFA) when the complainant has yet to receive an official letter from the police informing the same.

In addition, he claimed that the police only began to investigate the case seriously after the picket.

Malaysiakini has contacted UEM Edgenta for comment.

Arutchelvan also reminded Sivanesan that the right to assemble peacefully is a fundamental right under the Federal Constitution, and the courts have ruled that the Peaceful Assembly Act provision requiring the police to be notified in advance is unconstitutional.

He challenged DAP and Pakatan Harapan to state their stance on peaceful public assemblies.

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