Tuesday, November 23, 2010

Rocelyn story , how about local who cant fight their right?

Kota Kinabalu: A former Filipina waitress whose earlier Labour Court decision against a seafood operator was upheld by the High Court, Monday, urged employers in Sabah not to underestimate or look down on poor foreign workers.
"We come from poor families to earn an honest living here.
We are not even illegal workers or were trafficked here but came in properly.
"I know of many other legalised Filipino nationals who are victimised by other employers in Sabah. They are afraid to air their grievances in the media or lodge reports with

the Labour Department for fear of losing their jobs because they have many mouths to feed back home," said Rocelyn Tubal Raneses, a single mother.
She said either their actual working conditions sometimes differ from what's stated in the contract or are not in accordance to the Malaysian Labour Laws.
It is believed to be the first time that a legalised foreign worker's case against an employer had gone to the High Court level in Sabah.
"I had to endure several months on friends and sympathysers for financial support while waiting for my case to be finally over," she said, Monday.
"Maybe because I was a poor kampung girl from the Philippines, I was supposed to have just gone home long ago without expecting any of the money that rightfully belonged to me.
"I thank the Malaysian Immigration for being kind enough to grant me three extensions to stay on for the court hearing. It was not easy because they (Immigration staff) also got tired of seeing me going back to them repeatedly.
"Otherwise, you can imagine that I would have been forced to return to my kids and family penniless because even the Labour Court's decision in my favour was challenged by my ex-employer," she said.
"I was shocked to learn that a Labour Court decision in Malaysia is not enforceable at all and can be challenged considering that the sum in my case is only RM4,000. I'm sure even the legal fees of the other side could cost 10 times this amount or more, although I know that is not my concern," she said.

"I am very happy over the outcome and thank my lawyer Pereira for taking up my case for free. You don't always meet a person like him.

"God will repay his kindness to less fortunate fellow beings.

I also want to thank the church groups for their support, help and prayers," she said, adding she knew of others in similar situation who have since returned home.

Rocelyn's happiness, however, is mixed with a tinge of sadness because her final immigration extension expired on Nov. 16.

"I fear there will be a compound for overstaying.

But it is not my fault. The case has been dragging on for so long.

And now I finally can't go home although I want to because my passport is with the Immigration Department.

"Last Friday, I called up the department to find out the status of my passport, and they told me that the Director was not around.

"Today (Monday), I rang up again and they told me to wait until they called me," she lamented, adding it is too late to catch the ferry.

She needs to go back urgently as got word that her six-year-old son was warded in hospital in Mindanao with serious food poisoning.