I spent a short stint in Ipoh in a contract manufacturing company. In my second month with the company, I was asked to investigate a complaint against a Human Resources (HR) department officer who was reported by a foreign Indonesian female employee for introducing several Indonesian female employees to outsiders. I started to interview the Indonesian employee by the name of Anina. She complained that the said officer had taken out several female Indonesian employees from the company hostel to entertain some government officers in a karaoke night club in Ipoh. She claimed that she was terminated by the HR department as she had a boyfriend who used to bring her out of the hostel without the management’s permission. So, action was taken against her and they were preparing papers to send her back to her home country. Anina mentioned that she could not report the matter earlier as she knew that she would be terminated by Encik Manan, the HR officer because she had a boyfriend.
Anina has been working with the company for about two years. She was staying at the company provided hostel where about 200 or the foreign female employees. The hostel which was a 4-storey building provide by the government and rented out to the company. There were two blocks of flats and the ground floor was fenced up and at a common entrance there was a guard post. The guard was provided by the company. There was a strict rule that outsiders cannot enter the hostel area. They girls could only leave the hostel from about 6.00 am and should come back before 10.00 p.m. only the afternoon shift girls can come back before 12.00 midnight but via the company provided buses.
Anina informed that since the time she joined the company the HR officer Encik Manan, would come into the hostel at about 6.00 pm and bring out some of the girls in his car. Then he would bring them back after midnight. In her first year with the company Encik Manan took her out with some other girls from the hostel and introduced them to some government officers. They were brought out to a karaoke night spot in Ipoh regularly. However, in the second year onwards she was not chosen by Encik Manan as there were new girls who joined the company. As Anina stayed with the girls, she knew all the activities of En Manan. Anina admitted that she had also stayed overnight at some local hotels with one or two government officers introduced by Encik Manan. Anina mentioned that in the first year, she was also helping out to “recruit” new girls for such activities.
Two of the girls, namely Saodah and Tipah met Anina once and informed that they were not happy to participate in the outings arranged by Encik Manan. But they had to oblige Encik Manan out of fear that their employment may be terminated. Anina remembered that during her time, she was also similarly threatened. The girls also mentioned that the government officers were in their forties and were all married, whilst the girls were within twenty to twenty-five years old. It was then Anina advised them to report the matter to the HR manager Mr Edward who was Encik Manan’s boss. Probably due to the reports made, Encik Manan’s outing were very much reduced. This time Encik Manan started to come regularly in the day time to inspect their hostel rooms and started to harass the senior girls. Some of the senior girls were also terminated and deported.
Sometime in May that year, Encik Manan called up Anina to his office. He asked her if she was the one who instigated the girls to report on his activities. She told him that she did not and that she kept much to herself once she stopped joining the girls in the outings. It was then he mentioned that he knew of her boyfriend and that she was going out with him and staying overnight with him. He asked Anina to get girls to go out with him and the officers and that he would not report her relationship with her boyfriend. She assured him that she would try to persuade some of the girl. She did not oblige him as she knew that the girls were not keen to go out with the government officer and with Encik Manan.
Within the month, Anina was terminated by HR for having a boyfriend and was being prepared to be deported to her home country. Since she was terminated, Anina reached out to the HR Director and made a report on Encik Manan’s activities.
I was asked to investigate against Encik Manan. He was then suspended for one week. Anina gave me her full corporation and provided the names of the other girls who wanted to help. A case was built against Encik Manan, but we were notified by the management not to involve the government officers who were mentioned in the case.
A Penal of 3 managers were convened and the disciplinary inquiry was held against Encik Manan. We had three female witnesses. One of them was Anina who was waiting to be deported. On the second day, when I called for Anina, I was told that she left the hostel on her own and she was nowhere to be detected. The other two girls who initially gave statements, refused to testify and they also have applied to resign and were waiting for their documents to leave. Two guards testified that they were present when on many occasions Encik Manan would bring out at least two to three girls from the hotel after 6 pm and will bring them back after midnights. The guards also know the names of the girls. The guard’s testimony and the records in their diary was used to conclude the case.
The final verdict of the panel was that due to insufficient evidence, the HR Officer Encik Manan be transferred to other areas where he does not have to deal with the female employees. The panel also requested that a lady officer be assigned to handle the female employees who reside in the hostel.
From this case, it was obvious that the HR officer used the government officers to threaten the female employees. But ultimately this abuse of the government officers bringing out the girls in the night did stop.
The HR manager of the site Mr Edward prepared the charges and served it on Encik Manan and he was suspended for one week pending the date of the inquiry. A panel of three managers were selected to preside inquiry. I was asked to be the prosecutor as there were no other officers who senior to take the job. On the day of the inquiry, the chairman of the panel Mr Pang, briefed the other two panel members namely Mr Aru and Mr Lee on the procedures. Then the three charges with full details of dates and locations and names of the witnesses were read over to the accused. He did not plead guilty. I then produced the two guards, one after the other to show evidence of the dates of the charges and also the occasions where Encik Manan brought out the girls from the hostel. They also mentioned that they knew Anina by name as she had returned with him in the mornings alone with him. The accused ran his own defence and asked the guard if they can remember the dates and also are they sure it was him and not others. The guards were steadfast in the answers and they also referred to their own writings in the diary books to refresh their memories. The relevant diary books wee also produced as evidence. The two guards were stood down and they left after giving their testimonies. Then two other girls namely Saodah and also Tipah were produced. Similarly, they mentioned some dates when they were asked to join Encik Manan. The panel enquired if there were any procedures regarding the rules and regulations for foreign workers. I mentioned there were some written procedures and offered to produce them the next day. Encik Manan did not question the two girls, but kept on saying that someone has coached them to “fix him”.
We adjourned for the first day and the documents were brought out in the second day. The second day was a Friday and not much was done except going through the procedures and some were clarified by the HR manager Mr Edward and some were even clarified by Encik Manan himself. The documents related to the recruitment of foreign workers, their hostel facilities, security ground rules of the hostel and some misconducts we spelt out where if found guilty, the foreign employees would be terminated from the service with the company and deported back to Indonesia. The role of the HR officer in dealing with the foreign workers, inspection of their hostels and also counselling were also spelt out. In the second day, as the prosecutor, I managed to put forward to the presiding panel members that the actions of the HR officer to bring the workers to night club was definitely unbecoming of an officer who was the guardian of the foreign female employees, let alone introducing them to government officers are girlfriends or for other purposes.
In the afternoon session of the second day, Encik Manan offered to bring a police Sergeant Encik Ali as a defence witness. He notified that Encik Ali will show evidence that the girls have met up with him to report that some immigration officers have been harassing them to go out with them. He would provide more details to support that this case against him was a fix up. In fact, the police sergeant was waiting outside the room. I notified the panel that a police officer need approval from his Officer in-Charge of Police Department of OCPD in writing before he can testify in any private inquiry. Encik Manan protested and insisted to bring the police officer.
I told him to check back with the police sergeant and if he did have the letter he can proceed or at least if he has any copies of the police reports by the female employees he can produce them. The panel also advised Encik Manan likewise. The session was adjourned for fifteen minutes and Encik Manan went out of the office and later when we reconvened, Encik Manan informed that the police sergeant did not want to testify and left. The session on the second day was concluded at about 4.00 pm. The next day of the inquiry was announced at on the following Monday at 9.00 am.
I went back home and at about 5.00 pm, I called up Anina and told her that she had to come in on Monday to testify. I advised her not to go out of the hostel or to meet up with her boyfriend. Since she was a key witness, I was worried something would happen to her. The HR has arranged for her to leave for Indonesia after she testified. She assured me that she would not leave the hostel as she too wanted to help the other Indonesian girls who are still working.
I went back home and at about 5.00 pm, I called up Anina and told her that she had to come in on Monday to testify. I advised her not to go out of the hostel or to meet up with her boyfriend. Since she was a key witness, I was worried something would happen to her. The HR has arranged for her to leave for Indonesia after she testified. She assured me that she would not leave the hostel as she too wanted to help the other Indonesian girls who are still working.
On Monday next, I proceeded to the factory and was in the meeting room for the inquiry by 8.30 am. I was told that the witness Anina would be brought to the office by another HR Officer. The panel members came in by 8.45 am and took their position and Mr Manan also turn up at the same time. We also had a lady who was the recorder for the inquiry. She turned up at about 9.00 am. She went straight to the chairman of the panel, Mr Pang and spoke to him. We could not hear their conversation. Then Mr Pang called the meeting to order, but the key witness Anina was not present. Mr Pang informed that due to some unforeseen circumstances, Anina had to go back earlier and she had left for Indonesia on Sunday. He then asked me to carry on with other evidences. I then told him that I do not have any other witnesses and just need to produce some documents from the YMCA. I requested for a standdown as I need to discuss further with Mr Arif, our HR director. The chairman than stood down the inquiry and mentioned that we shall reconvene after lunch at 1.00 pm. I then contacted Mr Arif who was the town plant. Managed to get him on the phone. He mentioned that Mr Manan told him that Anina wanted to go back on Sunday as she had an emergency back home and that she assured that she would come back about a week later to testify. He wanted to contact me, but thought we could go on with the enquiry without Anina first and later we get her back. I went over to the town factory and meet up with him to discuss. In the meeting I told him that we agreed to proceed on the three charges against Mr Manan which were related to the compliant by Anina. said he knew the facts, but there was nothing much he can do for now. One other suggestion was to stand down the whole inquiry and arrange for another date to continue the inquiry when Anina could come back.
On the same day at about 1.00 pm we reconvened the inquiry and I proceed to provide other evidence of records of Encik Manan checking in the YMCA. The receptionist a male Indian by the name of Joseph gave a statement that he knew Encik Manan as a regular customer. But he did not want to come to the inquiry to testify. But he was not able to identify Anina or the other girls. After producing the documents, Encik Manan was offered by the Panel to make any statement regarding the documents. He did not make any protest. Except that he remembered booking into the YMCA when he worked late and just want to rest. He did not bring any girls to the hostel. I also notified the panel that there was a camera at the reception and it was also being recorded in a VHS recorder. But the management did not want to provide copies of the video as we are private organization. The panel took note. I then briefed the panel that the ex-employee was a key witness and we would make an attempt to get her later and requested that that the panel suspend the hearing till the arrival of Anina on another date. The panel agreed and the inquiry was closed at about 4.30 pm in the after on the third day.
I further discussed the case both with the HR manager of the factory and also the HR director and insisted that we should pay for Anina’s trip to come and testify later. Mr Arif notified Mr Edward to make the arrangements and we agreed to meet up in two weeks time to make further arrangements. In the mean time Encik Manan was relieved of his job to take charge of the foreign employees and another officer was assigned. Encik Manan took over other admin roles on taking charge of the cafeteria and the bus contractors.
When I met the HR manager and the HR director after two weeks, it was brought to my attention that she did not want to come back to
Ipoh and she feared that some government officers would take action against her. She also did not reveal what was her wrong doing for fearing the government officers. On the advise of the HR director, the panel members were called on another day and this new development was brought to their attention. The panel later provided two findings. One was namely for the company to write a comprehensive Standard Operating Procedure on the recruitment, hostel, welfare and security of the foreign female employees. They also suggested that a female officer be placed in charge of the foreign female employees instead of a male officer. Since there was insufficient evidence against Encik Manan he should be assigned jobs which has no direct or indirect dealing with foreign female employees. He should be given a warning letter. The company then assigned a female employee to take charge of the foreign female employees and a team was formed to re-write the SOP for the foreign employees. I came to know that the female employee were not taken out to any night clubs or hostels by anyone after this case.
The next year when I have left the company, I called up and spoke to one of the HR Officers to just find out how the foreign employees were treated after the case. He informed that there were many changes. At about this time he mentioned that Anina left in the midst of the inquiry as she was threatened by a government officer not to testify in the inquiry. I was happy as I knew that the harassment has stopped and the girls were happy then.
