Sabah Banking Employees Union president Margaret Chin said the previous chairman retired last year after serving for less than two years, adding the post has remained vacant ever since.
Prior to the last chairman, Chin said, either an industrial court chairman from the peninsula or Sarawak had to fly in to the state capital to hear cases filed by claimants.
But this was made worse after the court required postponed cases, due to the movement control order in March last year, to resume through virtual hearings now.
“Workers face many issues when asked to go for virtual hearings as most of them are computer illiterate,” she said, adding this could deter more workers from pursuing their claims.
“We came across a case where a worker was forced to drop his case as he had no clue on e-hearings. Sabah is famous for poor internet connection. Are we asking our poor workers to go up trees or hills for virtual hearings?”
“Furthermore, most of them don’t have desktop computers or laptops. Even if they can borrow from friends or relatives, they do not know how to go about this virtual hearing.
“We appeal to the human resources ministry to let the Sabah industrial court have its own chairman to resolve issues caused by virtual hearings and to avoid further deterioration of labour issues in the state.”
Chin was commenting on a FMT report on Malaysian Trades Union Congress (MTUC) council member A Sivanathan urging the postponement of a virtual hearing involving a former bank worker.
The case involved a suit for constructive dismissal filed by the worker against a bank in Sabah in 2019. Sivanathan said it had been postponed three times as there was no industrial court chairman in Sabah and also because of the Covid-19 health crisis.
The industrial court, which reopened in January, had called for the case to be heard online in Kuala Lumpur.
Sivanathan had also said MTUC is not in favour of industrial cases being heard at virtual hearings, especially those involving B40 (low-income) workers, adding a physical hearing is the best way.
Chin, who is also Sabah MTUC deputy chairman, said most of the claimants had to utilise their own home Wi-Fi or go to any public area with such facility for the e-hearings.
Those in remote areas are forced to use their own mobile internet data for seven to eight hours, for two to three days.
“The reason is the industrial court in Sabah does not have Wi-Fi facilities nor any computer desktop or laptop provided for e-hearings.”
Chin agreed with Sivanathan’s call, saying physical hearings are the most preferred method.
“We hope the human resources ministry is sensitive to this issue and will not force e-hearings in the industrial court.
“It is better to have a physical hearing in view that the government has already planned for the National Covid-19 Immunisation Programme besides cases of infections reducing in Sabah.
“The industrial court is a court of equity and justice. Virtual hearing itself already sets a hurdle for the workers. The act of the industrial court in insisting to proceed with e-hearings is prejudicial to the claimants,” she said.
Chin also appealed to the government to improve facilities in the Sabah industrial court first before proceeding with virtual hearings.