Latest news with #MalaysianBar
New Straits Times
3 days ago
- Politics
- New Straits Times
Malaysian Bar: Domestic workers still unprotected under labour laws
KUALA LUMPUR: The Malaysian Bar has asked the government to provide full legal recognition and protection to domestic workers under national labour laws. Its president Mohamad Ezri Abdul Wahab said despite their vital contributions to households and the economy, domestic workers in Malaysia, most of whom are women, continue to face systemic vulnerabilities. "In conjunction with the observance of International Domestic Workers' Day, the Malaysian Bar calls for the full legal recognition and protection of domestic workers under Malaysian labour laws, ensuring that they enjoy equal rights and protections as all other categories of workers. "We also urge stronger enforcement of existing laws and the establishment of effective mechanisms to prevent exploitation and abuse of domestic workers," he said in a statement today. He said domestic workers remain excluded from key protections given to other categories of workers, leaving many unprotected and unable to seek redress when their rights are violated. International Domestic Workers' Day, observed annually on June 16, marks the adoption of the International Labour Organisation (ILO) Convention No. 189 on Decent Work for Domestic Workers in 2011. He told the government to ratify and implement the ILO convention no. 189 and recommendation no. 201 as a vital step toward safeguarding the rights and dignity of domestic workers. "The government must also enact a dedicated law recognising the unique nature of domestic work. "Standardised contracts and specific regulations can be introduced by the Human Resources Minister without requiring parliamentary approval," he said. He also called for better enforcement of existing laws, improved access to justice, and public awareness campaigns to combat discrimination and affirm the dignity of domestic work. The Bar further proposed allowing foreign domestic workers to change employers or sectors without unnecessary restrictions and regulating part-time arrangements to prevent misuse. "Currently, many domestic workers are sent to multiple households without adequate protection. This must be addressed through clear, enforceable rules," he added. Ezri said the Malaysian Bar remains committed to advocating for the rights of all workers, especially those whose contributions often remain invisible. "Let us work towards a future where all domestic workers are respected, protected, and empowered," he added.
Free Malaysia Today
3 days ago
- Politics
- Free Malaysia Today
M'sian Bar joins calls for stronger legal protection for domestic workers
The Malaysian Bar said domestic workers should enjoy equal rights and protections as all other categories of workers. PETALING JAYA : The Malaysian Bar has joined growing calls for the government to strengthen legal protections for domestic workers. Bar president Ezri Abdul Wahab said many domestic workers remained exposed to 'systemic vulnerabilities' as they were still excluded from fundamental safeguards provided under Malaysian labour laws. 'Despite the essential nature of their work in supporting households, communities, and the broader economy, many remain unprotected, underpaid, and vulnerable to exploitation and abuse. 'The Malaysian Bar calls for the full legal recognition and protection of domestic workers under Malaysian labour laws, ensuring that they enjoy equal rights and protections as all other categories of workers,' he said. His remarks came in the wake of renewed calls by migrant rights group Tenaganita for standalone legislation to protect domestic workers, following the recent rescue of an abused Indonesian domestic worker. Domestic workers are excluded from key provisions of the Employment Act 1955, leaving them outside the scope of standard labour protections enjoyed by workers in other sectors. Ezri also urged the government to ratify the ILO Domestic Workers Convention 2011 and enact a dedicated law for domestic workers in light of the unique nature of their work in comparison to the formal employment sector. 'The government should standardise employment contracts and issue specific regulations for domestic work,' he said. 'These measures fall within the powers of the human resources minister and do not require parliamentary approval; therefore, they can be implemented without delay,' he added. He also reiterated the Bar's long-standing position that domestic workers must be respected, protected, and empowered through legal recognition and comprehensive reform.
Malay Mail
04-06-2025
- General
- Malay Mail
Anwar likely to exhaust right under law to refer constitutional questions to Federal Court — Hafiz Hassan
JUNE 4 — In the case of Badan Peguam Malaysia v Yang Berhormat Perdana Menteri Malaysia, Tan Sri Dato' Hj Mahiaddin bin Mohd Yasin & Anor [2024], the Malaysian Bar (Bar) applied to the High Court (HC) to refer no less than 27 constitutional questions to the Federal Court pursuant to Article 128 of the Federal Constitution (FC) and/or Section 84 of the Courts of Judicature Act 1964 (CJA). The HC dismissed the reference application, essentially on the ground that the questions raised were not constitutional questions that fell exclusively within the jurisdiction of the Federal Court alone to answer. Aggrieved by the decision, the Bar appealed to the Court of Appeal (COA). Having heard the appeal, the COA affirmed the decision of the HC. One of the main grounds for dismissing the appeal was that the HC had not committed any appealable error in refusing to refer the questions posed to the Federal Court. Dissatisfied, the Bar filed an application for leave to appeal to the Federal Court. Originally, there were 32 proposed questions of law. However, the Bar revised the questions to six only. — Picture by Yusof Mat Isa Dissatisfied, the Bar filed an application for leave to appeal to the Federal Court. Originally, there were 32 proposed questions of law. However, the Bar revised the questions to six only. President of COA, Abang Iskandar, having analysed the questions of law and the applicable law, dismissed the Bar's application for leave to appeal. His Lordship said: 'Our analysis of all the proposed questions of law is that they are essentially proposing to us to relook into the meaning, application and scope of Section 84 of the CJA, read with Article 128(2) of the FC. In our view... all the cited cases had comprehensively dealt with the matter. We find that the Bar had failed to satisfy us as to where and what the gaps are in those cited cases to merit the grant of leave. 'In the upshot, we are of the unanimous view that the threshold requirement [for leave to appeal] has not been met, with respect, by the Bar in this case, and as such, this leave application ought to be and is dismissed with no order as to costs.' The point is this: application to refer question or questions of law to the Federal Court pursuant to Article 128(2) of the FC and/or Section 84 of the CJA is available to any party to a dispute. Accordingly, Prime Minister Anwar Ibrahim is as entitled as the Bar to apply to the court to refer constitutional questions to the Federal Court. Anwar is also entitled to appeal against the decision of the learned High Court judge dismissing his application to refer the constitutional questions to the apex court. He is likely to exhaust his right under the law.
Free Malaysia Today
01-06-2025
- General
- Free Malaysia Today
Zaid, 2 others lose defamation suit against Malaysian Bar
The High Court ruled that Zaid Ibrahim and two others had failed to prove their case against the defendants on a balance of probabilities. KUALA LUMPUR : The High Court has dismissed a libel suit filed by Zaid Ibrahim and two others against a former Malaysian Bar president over her statement on their conduct during Najib Razak's final appeal in the SRC International case. Justice Roz Mawar Rozain said the former law minister, who is now a lawyer, and counsel Liew Teck Huat and Rueben Mathiavaranam had failed to prove their case against the defendants on a balance of probabilities. 'The statement had not lowered their reputation in the eyes of an ordinary person,' Roz Mawar said in her oral judgment read out in court today. She also dismissed the plaintiffs' suit for conspiracy to injure and breach of statutory duty under the Legal Profession Act 1976. Lawyer Andrew Chiew, who appeared for the Bar and its then president, Karen Cheah, did not ask for costs. 'We are extending the olive branch and hope the matter ends here,' he said. Roz Mawar said while the defendants were magnanimous, nothing could stop the plaintiffs from appealing the case. Zaid, Liew and Mathiavaranam had on Sept 30, 2022, filed the suit against the Bar and Cheah for allegedly defaming them over their conduct in the appeal. They claim that a media statement, which Cheah issued on Aug 19, 2022 titled 'Abuse of process brings disrepute to our justice system', implied that they had 'undermined the justice system through unscrupulous strategies'. The statement was published by several media organisations on the same day, they said. The plaintiffs said the words in the press statement were calculated to 'disparage, besmirch and damn' them in their professional capacities as advocates and solicitors having conduct of appeals and applications in the Federal Court. Najib had on July 25, 2002 appointed Zaid's law firm to replace Shafee & Co as solicitors in his final SRC International criminal appeal before the Federal Court, with Hisyam Teh Poh Teik replacing Shafee Abdullah as lead counsel. Roz Mawar said the press statement did identify the plaintiffs and was published, but did not establish that the words, in their natural and ordinary meaning, were defamatory. She said the plaintiffs themselves had, before the publication, made multiple public disclosures, including press interviews, social media postings and commentaries. 'They had admitted their lack of readiness, criticising prior counsel and seeking adjournments which were ultimately refused by the Federal Court,' she said. Roz Mawar said she found that by Aug 19, 2022, the reputational position of the plaintiffs had already been shaped by facts in the public domain. She said the court also found no evidence to support the plaintiffs' claim of conspiracy to injure. 'There is no actionable breach (of statutory duty) or specific compensable loss that has been proven to flow from the alleged breach,' she said.
New Straits Times
30-05-2025
- Health
- New Straits Times
Senior Citizens Bill must be prioritised, says coalition on ageing
KUALA LUMPUR: The Senior Citizens Bill, which has long been overdue, must be given priority and tabled for debate as soon as possible, said the Malaysian Coalition on Ageing. Coalition chairman Cheah Tuck Wing said while existing laws protect women and children, there is still no specific legislation aimed at safeguarding the rights and welfare of senior citizens. "The population of people aged 65 and above is rapidly rising, expected to reach 15 per cent by 2040. This means our country will become an aged nation, yet many measures, including legislation to protect them, are still not in place," he said when contacted today. He added the coalition fully supported the Malaysian Bar's call for the government to immediately table the bill to protect Malaysia's ageing population. He added government hospitals have reported many cases where families admit their elderly relatives and then disappear. Hospital Kuala Lumpur, for example, recorded 358 abandonment cases in 2023 and 166 cases up until May last year, he said. "Hence, the proposed bill, which includes legal action against adult children who neglect their parents, is essential in restoring a sense of filial responsibility. The bill must be comprehensive, with care-centric supporting programmes to address the real-life challenges faced by caregivers," he said. He added financial hardship and the strain of 24-hour caregiving often lead to family conflicts, which could be a driving factor behind many abandonment cases. As such, he said the government must implement care centric supporting services to alleviate the hardship faced by filial caregivers. "Firstly, special financial support must be given to caregivers from B40 families and retirees in the M40 group who are taking care of them elderly parents with moderate to severe health problems. "Second, public healthcare and trained manpower. Specialists in geriatric medicine, rehabilitation facilities and welfare programmes for elderly must be upgraded. Currently, we only have 67 geriatric specialists in hospitals and private practice and the ratio is one doctor to 40,000 individuals above 65 years old. "Thirdly, there must be close collaboration between the government and non-governmental organisations in the community to provide support for family members with elderly care responsibilities. "Community based services could focus on providing help and support to caregivers either through daycare centers or home visits by nurse and health aides." Cheah said the successful Senior Citizens Activity Centres, established by the Women, Family and Community Development Ministry in partnership with other government agencies and the non-governmental organisations, should serve as a model for developing community-based care institutions in selected districts. One such area is Lubok Antu in Sarawak, which has the highest percentage of citizens aged 65 and above in Malaysia. "It is imperative that the government implement strategies to address the problem of elderly abandonment, especially given the limited number of beds available at the 10 federally funded old folks' homes and two homes for the chronically ill in Peninsular Malaysia, as well as the five state-funded old folks' homes in the Borneo states," he added. Earlier today, the Malaysian Bar called on the government to urgently table the bill to safeguard the country's ageing population.
