A court in Malaysia has tweaked the law to deny basic rights to seven foreign players who were summarily dismissed by the Malaysian Philharmonic. The orchestra remains under an international musicians boycott. This appeal comes from one of the disenfranchised seven. Please help if you can.
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.
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