Tag: MPL

Civil Court uphold right of Center Enterprises to seek compensation from ACC

The Civil Court has decided that the Center Enterprises Company has the right to file a lawsuit against the Anti-Corruption Commission (ACC).

The company initially sued the ACC following allegations made by the ACC that the company had defrauded money from Maldives Ports Limited (MPL) over a project concerning the supply of a cargo boat to MPL.

The Civil Court decision came after the commission disputed that the company could sue it, as the commission had the authority to halt the business transaction.

The company has claimed that the ACC’s allegations had made the banks lose trust in the company, which had affected some of the contracts and business transactions of the company.

The Center Enterprises Company is demanding the ACC pay MVR 74 million (US$4.8 million) in compensation for the losses caused by the allegations.

The Civil Court stated that Center Enterprises had said the lawsuit was not based on the fact that the ACC had ordered the MPL to halt the project, but was rather based on the allegations made by ACC through local media without referring to a letter sent to the ACC by MPL, reportedly vindicating the company.

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MPL accused of creating fake ports worker union to dismiss employment rights violations

The Maldives Port Workers Union (MPWU) have accused Maldives Ports Limited (MPL) of forming a “paper union” to shove aside the alleged violation of employee rights by the state corporation.

Sacked MPL employee and President of MPWU, Ibrahim Khaleel, told Minivan News that his former employer was trying to “fabricate the truth” about the violations of rights of their employees.

The ‘Maldives National Port Workers Union’ was formed just five days after MPL received a letter from the Asia Pacific Regional Office of International Transport workers Federation (ITF), which had raised concerns over the alleged employment rights violations.

“[ITF] sent a letter raising concerns of the employment violations in MPL to its management. So what they did was instead of addressing the issues and concern, they formed a paper union, legally recognised it and made the Maldives Port Workers Union illegal,” Khaleel explained.

He further claimed that MPL had labeled the union – which is registered with the ITF and International Labour Organisation (ILO) – as a “political gang” working against the current government of President Mohamed Waheed Hassan.

“They are attempting to destroy the union by sacking its leaders, including myself, and suspending or taking action against those who raise their voice. This is unconstitutional,” Khaleel challenged. “The constitution ensures us the right to freedom of assembly, right to strike, and freedom of expression. They terminate our employment contract because we practised our constitutional rights.”

MPL Media Coordinator Ibrahim Rilwan did not respond at time of press.

Exchange of letters

In a document received by Minvan News, MPL Chairman Abdul Matheen Ahmed allegedly responded to ITF’s Asia Pacific Regional Office, stating that MPL was “extremely surprised” by the statements in ITF’s letter.

The letter addressed to ITF official Mahendra Sharma further stated that the MPL as “a corporate entity” exercises its “right to take disciplinary action against staff when they are in breach of their employment contract”, and said it had been the practice since the formation of the company.

MPL, in the letter, further claimed that it did not “deviate from any Maldivian government regulation” during the course of its action and “will not do so in the future”.

“Hence we are quite surprised on this issue you are talking about. Please make this clearer to us. As to the events you have stated in the letter, we are sure it has not taken place in our company and nor is our human resource department aware of any such issues,” read the letter.

The letter also goes on to describe the MPWU as an “unfounded, illegal association”, attempting to defame the MPL.

“Moreover let us bring to your notice, given the present political situation in Maldives’, many such unfounded, unauthorised illegal so-called associations and unions could be sending you such letters, to try and defame the government internationally.”

“It would be our humble request for your organisation not to get entangled in such unfounded allegations brought forward by politically’ motivated groups and gangs,” Abdul Matheen Ahmed wrote.

MPL requested the ITF communicate instead with the “Maldives National Port Workers Union (MNPWU)” -the ‘paper union’ Khaleel has alleged was created by the ports authority itself.

The MNPWU meanwhile dismissed all claims of the MPWU and said that no employment rights violations were taking place.

ITF General Secretary responds

Meanwhile, another letter received by Minivan News, which was sent by the General Secretary of ITF David Cockroft to President Waheed, described MPL’s actions as “an anti-union campaign” and raised concerns over “the systematic targeting” of the leaders of MPWU and its members by MPL.

The letter strongly rebutted the assertions made by the MPL Chairman that the ITF had not fully examined the facts surrounding the situation, and said it takes “serious cognisance” in situations where workers were “denied trade union rights, threatened and victimised” for conducting legitimate trade union activities.

“May I also draw your attention to the fact that the ILO warranted the MPWU complaint legitimate enough to write to the Maldives government concerning the issues which have been raised with it,” read the letter.

The letter also contested the MPL’s claim over the legitimacy of MPWU, where it stated: “The Maldives Port Workers Union is an officially registered trade union, having received its registration certificate from the Ministry of Home Affairs on 29th May 2011. It was also a member of the Maldives delegation to the ILO’s International Labour Conference held in June 2011,”

“On 29th August, the ITF Regional Secretary for Asia Pacific received a written response from Abdul Matheen Ahmed, the Chairman of Maldives Port Limited which incorrectly referred to a different union and which denies that the termination of employment of the MPWU’s President, an MPWU Executive Member and 6 MPWU members, the suspension of a further 49 MPWU members, and the reassignment of many other MPWU members to other ports has taken place,” read the letter.

The letter also raised doubts over the alleged ‘paper union’, the MNPWU, stating that it “appears to have been registered at the Ministry of Home Affairs five days after our Regional Secretary sent his correspondence to the Chairman raising the serious trade union rights violations within Maldives Port Limited”.

Cockroft, in the letter, further urged President Waheed to ensure that the Maldivian constitution and employment laws were fully respected and upheld by the MPL.

“I request that you use your office as President of the Republic of Maldives to instruct the Chairman and management of Maldives Port Limited to respect the country’s constitution and employment laws and immediately halt their anti-union campaign against members of the MPWU, and to enter into a real dialogue and conciliation process with MPWU which will result in a negotiated settlement which addresses the legitimate grievances of members of the MPWU.”

‘Maldives National Port Workers Union’

Speaking to Minivan News, a founding member of the new Maldives National Port Workers Union, Ibrahim Rasheed, said the union was registered last month and it was “very difficult” for him to comment on it because they were still working on the inaugural meeting and the elections of the union.

“Yes, we registered the union last month. But we still have to hold the inaugural meeting and the elections so it is very difficult to comment on the union or what we plan to do,” he said.

Asked why another union was formed when MPWU already existed, or if the union was formed because MPWU had failed to do its job, Rasheed simply said that it was not because MPWU was not upholding the rights of the employees but because “anybody can form a union.”

“It is not like that. You see, even in some islands there are more than one association, so like that what is wrong with having two or even five unions? That is why we thought of making another union,” he said.

Rasheed assured Minivan News that the MNPWU would provide more details about itself, and assured the publication it would be invited to cover the inaugural meeting.

However, Rasheed later called Minivan News back, referring it to another individual, stating that this person “would give more information” about the union.

“You should also call the number I gave. He is more active. You know, even if a couple forms a company, it would usually be the husband who would get more involved, so like that he is more involved in it than I am,” Rasheed said.

The phone number Rasheed provided was switched off when Minivan News called it.

Political motive

In April 2012 seven staffs at MPL were suspended from their jobs at the state company for participating in protests held by ousted Maldivian Democratic Party (MDP)’s anti government protests.

MPL Media Coordinator Ibrahim Rilwan at the time confirmed the suspensions, but said he did not know the specifics regarding the case. The code of conduct does not prohibit participation in political activities, but staff can be disciplined if they transgress good behavioral norms, he added.

However some staff at MPL alleged that the senior officials of the state corporation had warned employees to not to participate in protests, and that action would be taken by those who do.

An employee who wished to remain anonymous said, at the time, that he too had been warned by his directors not to attend MDP protests. Furthermore, he added that he had not yet seen the company’s code of conduct.

“They do not share the code of conduct when they recruit you. I have not seen this, I don’t think anyone has. I don’t even know what it says,” he said.

“A lot of MPL staff are MDP supporters. So the senior staff send people to MDP protests to monitor and take pictures of who attends. The whole point of this is intimidation,” he alleged.

Last July, MPWU accused the MPL of violating employee rights, alleging the state-owned company had unfairly dismissed four employees due to their political activism.

In a letter sent on July 12 to MPL CEO Mahdi Imad, MPWU President Khaleel said: “Although the constitution guarantees freedom of expression and freedom of assembly, it is now common within MPL to stop employees from expressing certain political views, and violate the employment act by unfairly dismissing employees and transferring employees to different departments without prior warning or explanation of any offense committed.”

Following the concerns of MPWU, The World Federation of Trade Unions (WFTU) expressed concern over the allegation claiming “infringement of trade union rights and freedoms,” and called upon President Waheed to immediately terminate its “attack” on members and the leadership of the MPWU.

Meanwhile, last month a leaked audio of former Deputy CEO of MPL Ahmed Faiz discussing the hiring of individuals to loudly promote President Waheed in local cafes.

In the 15 minute audio, Faiz spoke in detail about his intention to hire his audience as government supporters, President Waheed’s reluctance to maintain ties with the Progressive Party of Maldives (PPM), an intention to “wipe [former President] Maumoon out of the political picture”, other problems arising in the current ‘unity’ government, his own influence within the State Trading Organisation (STO), and large amounts of money being illicitly obtained.

“What I’m saying is, this government is now appointing people to different posts and it’s getting structured in the manner we want. Now there are a lot of things that I can do. Material benefits can be gained, and lots of other things. Credit from STO (State Trading Organisation) worth millions of rufiya, that’s absolutely welcome,” he says in the alleged audio clip.

Faiz also stated his intention to gain wealth and money in the audio clip, saying no means would be spared.

“I will only be able to acquire money when the condition to getting more money is put in place. We’ll be able to get more money now than we have ever managed to get from this country all our lives. This is what I want. I want money too,”

Faiz is a member of President Dr Mohamed Waheed Hassan’s Gaumee Itthihaad Party (GIP), and was previously appointed by him as the Managing Director of the Maldives National Broadcasting Corporation (MNBC).

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International Labour Organisation intervenes over MPWU harassment allegations

The International Labour Organisation (ILO) has written to the Maldives government for a response to allegations that members of the Maldivian Ports Workers Union (MPWU) have been harassed over their political views.

In a letter seen by Minivan News,  Cleopatra Doumbia-­Henry, Director of the ILO’s International Labour Standards Department, asked the government for its observations about accusations raised by MPWU members concerning workplace harrasment.

The letter also “denounces” the termination of MPWU president Ibrahim Khaleel, executive committee member Yazeedh Abdhul Hameed and six other union members.  Concerns were also raised by the ILO over the suspension of 49 trade union members, the reassignment of many union members to other ports, and accusations of threats and harassment towards union members.

The MPWU itself has previously alleged that authorities at Maldives Ports Limited (MPL) had violated worker rights based on their political activism. MPWU President Khaleel has previously sent a letter to MPL CEO Mahdi Imad, in which he said, “Although the constitution guarantees freedom of expression and freedom of assembly , it is now common within MPL to stop employees from expressing certain political views, and to violate the Employment Act by unfairly dismissing employees and transferring employees to different departments without prior warning or explanation of any offense committed.”

Speaking to Minivan News today, Deputy CEO of MPL, Ahmed Faiz said they had already sent a response to the ILO on behalf of the Maldivian government. Faiz was unable to share the contents of the letter, but said that it was based around the authorities’ belief that the MPWU was being used as a political tool.

On the topic of MPWU’s accusations of harassment and unfair treatment based on political activism, Faiz said “There can be no grounds to make these accusations. Even today MPL employs many staff who belong to different political parties. We even have people in managerial posts who are actually members of MDP.”

Faiz also went on to say, “MPL is a service provider which deals with a variety of clients. In this time of political turmoil, such activism out in the open may have a bad impact on the company itself and that is why we took measures to stop them”

Earlier this month, the World Federation of Trade Unions also expressed concern over this matter.

MPWU President Khaleel was not responding to calls at the time of press.

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Ports staff allege suspension for political activities

Seven staff at the Maldives Ports Ltd (MPL) were suspended from their jobs at the state company for participating in protests held by ousted Maldivian Democratic Party’s (MDP), a source in the company has confirmed.

Six of the staff have returned to work, while 40 year-old laborer Nizam Abdulla remains suspended.

MPL officials told Nizam they had pictures of him protesting and causing damage to state property outside President Dr Mohamed Waheed Hassan’s residence of Hilaaleege, and told him he was suspended for violating the company’s code of conduct. He was then asked to write a letter of apology to the company’s new assistant CEO, Ahmed Faiz.

Nizam described himself as a prominent MDP activist, but denied being present during MDP protests at Hilaaleege. Further, he said he had attended MDP’s protests while on annual leave.

The MDP alleges President Waheed came to power through a coup d’état on February 7 and are holding daily protests calling for fresh elections.

“I was on holiday. I was not in uniform, I was not on duty. I have the right to go wherever I want and I have the right to express myself. They are doing this to me because I support the MDP,” he said.

The father of four children said he is yet to receive any official communication regarding his suspension, and does not know how long the suspension is to last.

MPL Media Coordinator Ibrahim Rilwan confirmed Nizam’s suspension, but said he did not know the specifics regarding the case. The code of conduct does not prohibit participation in political activities, but staff can be disciplined if they transgress good behavioral norms, he added.

The Maldives Ports Ltd manages Malé city’s sea port and is a state owned company. The Supreme Court in August 2011 struck down a clause in the Civil Service Act banning civil servants from participating in political activities, stating the clause infringed upon citizen’s right to participate in political activities as enshrined in the constitution.

“What right does MPL have?”

When Nizam returned to work on April 23, after a month on annual leave, two guards escorted him off the ship he was working on.

“They told me I was not allowed on the office premises any longer. There was a picture of me in the guard house. The next day, my cards were deactivated and I can’t enter the office now,” Nizam told Minivan News.

He is unable to file a complaint with the Labor Tribunal which oversees Employment Act violations because he does not have any official communication regarding his suspension yet.

Nizam said he had been told over the phone not to return to work while he was on annual leave. “There was no warning. I do not see a phone call as a warning,” he said.

“I don’t know what to do,” he said. “This doesn’t just affect me, it affects my wife and four children. What right does MPL have to do this to me?”

Nizam has been working at MPL for six years now.

MPL’s spokesperson Rilwan said the company has asked staff not to participate in political activities while in uniform and on duty. However, the code of conduct does not forbid participation in politics, and no staff have been disciplined for political activities yet, Rilwan claimed.

“The code of conduct says disciplinary measures can be taken against staff if a member of the staff violate norms of good behavior within and outside the office, but I do not know if this is the case with Nizam,” Rilwan said.

“We are not MPL slaves”

An MPL staff member who wished to remain anonymous said a further six staff at MPL were also suspended for two days in March following MDP’s March 19 protests which sought to obstruct President Waheed from addressing parliament’s opening session.

“MPL senior officials want to make sure their staff do not attend protests. Nizam’s suspension is intended as a warning to everyone else,” he told Minivan News.

“We are not MPL’s slaves. The constitution guarantees us freedom of expression. We have the right to go wherever we want and express ourselves when we are not in uniform on duty,” he added.

Another staff, who also wished to remain anonymous, said he too had been warned by his directors not to attend MDP protests. Furthermore, he said he has not yet seen the company’s code of conduct.

“They do not share the code of conduct when they recruit you. I have not seen this, I don’t think anyone has. I don’t even know what it says,” he said.

“A lot of MPL staff are MDP supporters. So the senior staff send people to MDP protests to monitor and take pictures of who attends. The whole point of this is intimidation,” he said.

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MPL sacks three over duty-high bags

Maldives Ports Limited (MPL) has sacked three employees who had smuggled out high-duty plastic bags from Male’s commercial harbour.

The black plastic bags in question were recently levied a 400 percent duty, to encourage carriers to opt for environmentally-friendly alternatives.

MPL CEO Hussein Hilmy was quoted as saying that the act was likely assisted by “outside help” who had made “offers” to the employees, and that MPL company would not tolerate corruption.

According to Haveeru, the three employees had tried to alter the settings on a computerised system which regulates port traffic.

Assistant Clearance Officers Mohamed Ahmed and Ahmed Afraad, and Assistant Data Processing Officer Ashiya Mohamed were dismissed from their posts, reports Haveeru.

Two individuals have been arrested over the matter.

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