A Malaysian court has tweaked the law to deny basic rights to seven foreign players who were summarily dismissed by the Malaysian Philharmonic, as reported earlier. The orchestra remains under an international musicians boycott.
This appeal comes from one of the disenfranchised seven. Please support this appeal if you can and forward this message.
“I am one of the seven musicians fired three years ago by the Malaysian Philharmonic. After an interminably long wait, the judge has finally delivered her verdict: despite our many years of dedicated work with the orchestra, including long service bonuses and contractual retirement clauses, and despite our unblemished employment records, we were all in fact fixed-term, temporary employees, and had no right to expect continued employment. She decided that the Malaysian Philharmonic Orchestra had every right to terminate our employment at the end of our current contracts, without giving any notice or reason.
From all the legal advice we have since received, and the case readings we have done, this decision goes completely against the Malaysian Industrial Relations Act, and against just about every precedent that has been set by previous cases. If allowed to stand unchallenged, it will affect every current and future employee of the Malaysian Philharmonic, and seems to give Malaysian employers the right to terminate any employee at will as long as they have implied their “intention” to use a fixed-term contract. Up until this case, under Malaysian law, the burden of proof was always on the employer to establish that the recourse to the fixed-term engagement of the workers was genuinely related to their establishment or undertaking. That appears to be the case no longer.
We believe that an injustice has been done, and are determined to exhaust all of our options to make it right. The legal fees involved are substantial, however, and all of us have had our future earning potential severely affected by our dismissals. To that end, we have established a fundraising campaign to help our supporters contribute, and would like to invite your readers to participate.
Donations can be made anonymously, and we pledge to be completely transparent with the use of those funds, and with our progress. Everything we receive will go to our legal fund, and at the end of the case, if we win a monetary award, we will either return your donation to you in full (if you wish), or make a lump sum donation of the full amount collected to a worthy youth orchestra.”
To support, please visit: www.gofundme.com/MPO7LegalFund