Published on: Tuesday, July 27, 2010 |
Kota Kinabalu: A Filipina waitress has filed claims totalling RM4,232.70 against Port View Seafood Village Sdn Bhd at the Sabah Labour Department's Labour Court at its KK Branch at Wisma Perkeso.
Rocelyn Tubal Raneses from Naga Zamboanga Del Sur, Philippines, is claiming RM1,320 being wrongful deductions from her salary for her work pass, another RM2,757.70 for overtime pay owed to her and another separate sum of RM155 (being other miscellaneous deductions).
She was granted an ex parte court hearing by Labour Court Judge, Hajah Farah Fadillah Abdullah @Nora, after the boss of Port View Seafood Village failed to show up by 4pm. The hearing was scheduled to be held at 2.30pm on Friday.
But before 3pm, the company sent a lady representative to request for a postponement which was rejected by the court.
Replying to questions from the judge, Rocelyn said:
"I started working for Port View Seafood Village on July 27, 2009.
According to my contract with the company, I would receive a salary of RM300 (basic) plus RM500 (service, charge, points and tips), which is equivalent to RM800.
"Contrary to what was stated in the contract, they deducted RM1,320 for my work pass." She also told the court that she had to work for 12 hours each shift for six days a week, although Malaysian laws only stipulate 8-hour shifts with additional hours to be mutually agreed as overtime.
"The two extra hours is actually to compensate the amount paid for my work pass by the company as there will be no salary deduction as stated clearly in the contract.
"But now they have cut a total of RM1,320 for the work pass.
That is why I am claiming payment for the two-hour overtime each shift," she said.
Rocelyn said she took emergency leave from March 22, 2010 to go back to the Philippines but returned to continue working for the company from April 8.
Asked on her final pay, she said she did not receive even one sen between April 8 and May 25.
"In fact, between January and March this year, I did not receive the exact salary as promised because I refused to surrender my passport to the employer. They terminated my employment on May 25."
Upon request by the judge as evidence, Rocelyn tendered as court exhibits copies of her two-year employment contract with the company, letter of termination, the company's computation for the various deductions, and a breakdown of the specific deduction of RM155 (RM100 for uniforms, RM50 for walkie talkie and RM5 for the chop).
Farah adjourned the hearing at 4.40pm and said the outcome will be known on August 6 at 2.30pm.
May 24 was the deadline fixed by the Sabah Labour Department for the company to return the amount of RM1,320.00, which was wrongfully deducted, to Rocelyn.
When both parties appeared at the Labour office on July 2 as ordered by the department, the defiant company refused to pay her the sum in question. Instead, the employer said to Rocelyn, "See you in court."
Hence, the court fixed July 23 for the hearing.
