unfair dismissal – Minivan News

Sacked TVM reporter to be reinstated

The employment tribunal has ordered the state TV to reinstate a reporter who was sacked unlawfully in February and ordered a payout of MVR 100,800 ($6536) as compensation.

Nasrulla Haadhy, a long time employee of Television Maldives (TVM), was dismissed when he refused a transfer to a bureau in southern Addu City.

“I was sent to the Addu City bureau, but there was no office there. They also did not give me food and salary allowances that were provided to others who worked out of Male’ City. Their reason was that my wife is from Addu City. I refused, and then they dismissed me,” he said.

Nasrulla now works at privately-owned Channel 13.

“I intend to return to the job. I worked there because I loved to work there and I have no problem with the management. I just disagreed with two people from the senior management,” he said.

In March, a TV Anchor Ali Shamin was dismissed from TVM after he alleged the station was biased in its coverage of political unrest triggered by the jailing of ex-president Mohamed Nasheed.

A senior journalist Mohamed Afsal was demoted in the same month after he criticized the criminal court for refusing to let journalists leave the court premises during a break in between hearings in Nasheed’s terrorism trial.

Minivan News understands Afsal was reinstated to his former position when he threatened to file charges at the Employment Tribunal.

The government in April seized control of the state TV and radio stations after dissolving the Maldives Broadcasting Corporation through a new law.

Ruling party MPs appointed five members proposed by President Abdulla Yameen to the new Public Service Media (PSM) board without interviewing them.

The International Federation of Journalists (IFJ) called a move an attack on press freedom and described the PSM as a “state mouthpiece.”

Umar Manik, the chairman of the former board, was the only incumbent who was appointed to the new board.

Staff at the PSM have long complained of favoritism and lack of independence in successive governments.

Some staff who spoke to Minivan News today said the new board had promised changes.

“We have always complained about favoritism and discrimination. The new board promised change but it is still the same,” a female reporter who wished to remain anonymous said.

Another senior journalist, however, said some journalists who were deliberately left without work are now included.

“The new board has included those who were isolated over disputes and is encouraging us to work together,” he said.

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Dismissed principal to sue education ministry

The former principal of Aminiya School has said she will sue the education ministry for unfair dismissal.

Athiya Naseer was sacked on Monday without warning after the education ministry deemed her a threat to the school. Her dismissal sparked outrage with dozens of teachers signing a petition demanding an explanation from the ministry.

Speaking to Haveeru today, Athiya said she was “shocked” by the dismissal and said: ““Honestly, I have no idea what the issue is.”

Aathiyaa said in her four years as the principal, the only “damages” she had caused were increasing the number of students who passed tenth grade exams and improving the students’ discipline and the school’s reputation.

Several teachers have alleged the move was politically motivated as Athiya is the wife of former opposition MP Ahmed Abdulla.

Parents of students attending Aminiya school have also criticised the education ministry’s decision. Some students told Haveeru they saw Athiya more as a friend than a principal.

The education ministry has declined to comment on the issue.

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State companies accused of dismissing, suspending opposition supporters

Several employees have accused three state-owned companies of firing opposition supporters for participating in anti-government protests.

Since March 1, at least four employees of State Electric Company Limited (STELCO) and one from Malé Water and Sewerage Company (MSWC) were dismissed, and at least five were suspended from Maldives Ports Limited (MPL).

The opposition Maldivian Democratic Party (MDP) and Jumhooree Party (JP) on February 27 held a 10,000-strong protest march calling for President Abdulla Yameen’s resignation. Since then, the MDP continued daily protests over the imprisonment of former President Mohamed Nasheed.

The opposition leader was convicted of terrorism on March 13 and jailed for 13 years.

Speaking to Minivan News, Ahmed ‘Andha’ Saleem, 37, said he was dismissed from STELCO on March 12 despite 17 years of service because of his political views.

Saleem said his colleagues first told him to stop posting anti-government comments on social media or sharing photos of opposition protests. He complied, but was later told to resign when he was seen at an MDP protest on March 6.

At the time, STELCO offered him a MVR 300,000 (US$19,455) retirement package, but he declined the offer. Soon afterwards, he received a letter informing him of his dismissal, he said.

“I received a double promotion just three months back. This is an injustice. I will appeal this case at the Employment Tribunal,” he said.

Ali Farhad, dismissed from STELCO on March 10, claimed the President’s Office was directly responsible for his dismissal.

Several employees who attended the March 6 protests were asked to write apology letters to First Lady Fathimath Ibrahim or Tourism Minister Ahmed Adeeb, the 43-year old claimed. He was dismissed when he refused to write the letter.

“I love STELCO. I have worked there for 30 years. Even though I’ve been dismissed and my fundamental rights violated, I will continue to participate in protests,” he said.

STELCO’s Assistant Director Abdulla Nazir dismissed claims of forced resignation and said the four employees were retired voluntarily and afforded full retirement benefits.

“The dismissals went according to company procedures,” he said.

Condemning the dismissals, MDP Spokesperson and MP Imthiyaz Fahmy said the party would assist employees in contesting any unfair dismissal, suspension or incidents of harassment at the Employment Tribunal.

“The government is ordering civil servants and state company employees to attend pro-government rallies, I have seen the texts, the letters ordering their attendance. Opposition supporters are getting sacked for exercising their right to assembly and free speech even as board members and managerial staff lead pro-government rallies,” he alleged.

At MPL, a spokesperson said at least five workers had been suspended since March 1 for alleged misconduct.

However, employees claimed 18 staff were suspended for participating in the February 27 mass rally.

Administrative Officer Miusam Abbas said he received a letter on March 1 informing him he had been suspended for misconduct. He was summoned to a disciplinary committee last week and questioned on his participation in the February 27 rally, as well as his support for the government.

Two additional MPL staffs who wished to remain anonymous confirmed they, too, had been suspended for their anti-government views and support for the opposition.

“I don’t depend on Gayoom for my sustenance. I will continue protesting,” one 35-year-old told Minivan News.

The pair confirmed MPL staff regularly received text messages from the company requesting their attendance at ruling Progressive Party of the Maldives rallies.

Both said they had been summoned to a disciplinary committee and asked if they had gone to opposition protests. Attending protests calling for the president’s resignation while employed in a state-owned company was unacceptable, the pair were told.

MPL Media Coordinator Ahmed Athif declined to comment on the suspensions, claiming it was an ongoing case.

Meanwhile, a procurement assistant at MWSC, Ibrahim Ismail, 20, was dismissed on March 12 after he participated in a boat protest near Dhoonidhoo Island on March 6.

“I knew this was bound to happen. Firing government employees who support the opposition has become common practice. But my dismissal came without warning, it was very sudden,” he said.

The reasons for his dismissal remain unclear, Ismail said.

The MWSC was not responding to calls at the time of press.

Related to this story

26 arrested at MDP’s all day protests

14 MDP women arrested from “last warning” protest at airport

10,000 protest in Malé, call for President Yameen’s resignation

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Three dismissed in ongoing strike at Palm Beach Resort

Three senior staff at Palm Beach Resort in Lhaviyani Atoll have been dismissed after 50 staff staged a strike over alleged discriminatory polices at the resort.

According to a staff member on strike at Palm Beach, 50 housekeeping and food and beverage personnel at the resort stopped work at 10:00pm on Tuesday night following a public dispute between General Manager Fabrizio Dani and Restaurant Manager Ali Ashraf.

“We are calling for the removal of general manager from the resort also calling for an end to discriminatory policies between the European and Maldivian staff here,” Ahmed Abdulla told Minivan News.

He claimed the Maldivian staff were fed poor quality food compared to their European colleagues and said the management had failed to provide adequate arrangements for breakfast during Ramadan.

“We were not even given dates to break our fasts,” he said. “We will continue with our strike until demands are met.”

There have been no negotiations between the workers on strike and the management yet, Abdulla said.

In addition to Ashraf, Assistant Manager Ilyas Ibrahim and Supervisor Abdulla Mohamed were dismissed last night. The three have now left the resort.

Speaking to Minivan News, Ashraf said his dismissal had been “unfair.” He alleged the management of Palm Beach resort employed Russians, Italians, and Bangladeshi workers without work visas.

He also claimed the resort’s management had failed to sign employment contracts with the staff and were not paid for overtime work.

Minivan News was unable to contact either Fabrizio Dani or Palm Beach Resort despite repeated attempts.

In March, 18 members of staff at Vilu Reef Resort were fired after a petition detailing grievances. Workers at Maldives Airports Company Limited (MACL) also staged a strike in the same month over low quality of food and cuts to annual bonus pay outs.

Maldivian staff at One and Only Reethi Rah also held a strike in January over alleged ill-treatment by the management.

In a similar case in September 2013, staff at Irufushi Beach and Spa resort reported a “firing spree” affecting staff members professing to support the Maldivian Democratic Party.

According to the Freedom of Peaceful Assembly Act 2013, tourist resorts, ports, and airports fall into a category of places in which protests are prohibited.

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Army ordered the use of expired tear gas and pepper spray on protestors, says dismissed captain

The Maldives National Defense Forces (MNDF) ordered soldiers to use expired tear gas and pepper spray on protestors during the presidential polls of November, dismissed Captain Abdul Muizz Musthafa told the Civil Court on Tuesday.

In a third hearing into an unfair dismissal case, Musthafa claimed he had been dismissed from the army for exercising a constitutionally enshrined right to refuse obedience to unlawful orders.

Musthafa is the first of the nine officers dismissed after President Abdulla Yameen assumed power in November to press charges against the dismissal. The nine were fired for allegedly sowing discord within the military.

The former captain said he had sent photos proving expiration of the tear gas and pepper spray canisters to his superiors via instant messaging service Viber.

But the photos were deleted immediately and the canisters were sent to the armory where razor blades were used to scratch off the expiration dates. The canisters were then sent back for use, Musthafa claimed.

He also claimed he was dismissed in a personal dispute between former Vice Chief of Defense Forces Brigadier General Farhath Shaheer and Chief of Defense Forces Major General Ahmed Shiyam.

MNDF Lawyer and First Lieutenant Mohamed Naseem said the MNDF does not trust Musthafa. The former captain does not uphold military obedience and had spoken out against his superiors on social media, said Naseem.

In response, Musthafa noted the MNDF has not carried out any investigations into misconduct against him to date.

He is seeking reinstatement and has asked the Civil Court to order MVR6 million (US$389,105) in compensation for damages.

In June Brigadier General Ahmed Nilam – dismissed along with Musthafa – also filed a case with the Human Rights Commission (HRCM) relating to his suspension and eventual dismissal from service.

Upheaval and dissent

In a statement on Musthafa’s dismissal, the MNDF accused the captain of collaborating with former Brigadier General Abdulla Shamaal in collecting signatures from MNDF officers on a letter which had been prepared “in the guise” of supporting the Chief of Defense Forces Major General Ahmed Shiyam.

A copy of the letter leaked on social media expressed concern over delays in the presidential elections in 2013, and the repercussions should a president-elect not be determined by the end of the presidential term on November 11.

A statement by the military said Shamaal had leaked the letter on social media “in order to reveal dissent within the military,” and accused Musthafa of aiding Shamaal and planning “to commit dangerous acts using the troops under his captainship”.

The presidential elections of 2013 were marred by repeated delays after the Supreme Court annulled the first round of polls held in September.

Following the MNDF’s first letter of concern, the force amended its regulations to punish officers who promoted “upheaval and chaos.” Several officers were suspended and Shamaal was removed from his position as the commandant of training and doctrine.

In mid-November, as the possibility of holding presidential polls by the end of the presidential term dimmed following police obstruction and Supreme Court orders to delay the second round of election, 73 mid ranking officers circulated an appeal calling on fellow soldiers not to obey any “unlawful” orders issued by then President Dr Mohamed Waheed and his political appointees.

Shortly after President Abdulla Yameen was inaugurated, nine senior-ranking officers were dismissed.

On November 25, Chief of Defense Force Major General Ahmed Shiyam called for “100 percent loyalty” from the MNDF.

“Soldiers must have absolute loyalty. Every single man and women working in this institution must have this characteristic. Otherwise, they are lacking the most important characteristic of a soldier,” Shiyam said.

In September 2013, the Civil Court ordered the Maldives Police Services to reinstate former Head of Intelligence Mohamed ‘MC’ Hameed who had been dismissed by the police’s disciplinary board for unspecified offenses.

Local media at the time said Hameed dismissal was related to a report published by the opposition on the controversial transfer of power in February 2012. The police have appealed the case.

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Dismissed MNDF Captain seeks reinstatement

Former Maldives National Defense Forces (MNDF) Captain Abdul Muizz Musthafa has filed unfair dismissal charges against the military at the Civil Court.

Musthafa is the first of the nine senior officers who were dismissed in November to press charges. The nine fired were accused of sowing discord within the military during Maldives’ presidential election, 2013.

Musthafa has said he was dismissed without due process, and in violation of the constitution as the MNDF had not taken any prior disciplinary action against him.

He is seeking reinstatement and has asked the Civil Court to order MVR6 million (US$389,105) in compensation for damages.

Musthafa is accused of collaborating with former Brigadier General Abdulla Shamaal in collecting signatures from MNDF officers on a letter which had been prepared “in the guise” of supporting the Chief of Defense Forces Major General Ahmed Shiyam.

The presidential elections of 2013 were marred by repeated delays after the Supreme Court annulled the first round of polls held in December.

Following the MNDF’s first letter of concern, the force amended its regulations to punish officers who promoted “upheaval and chaos”. Several officers were suspended and Shamaal was removed from his position as the commandant of training and doctrine.

In mid November as the possibility of holding presidential polls by the end of the presidential term dimmed following police obstruction and Supreme Court orders to delay the second round of election, 73 mid ranking officers circulated an appeal calling on fellow soldiers not to obey any “unlawful” orders issued by then President Dr Mohamed Waheed or his political appointees.

Shortly after President Abdulla Yameen was inaugurated, nine senior-ranking officers were dismissed.

At the time, the opposition Maldivian Democratic Party (MDP) condemned the dismissals as “politically motivated and unjust,” and noted that no action had been taken against the soldiers who mutinied on 7 February 2012.

“On 7 February 2012, some uniformed soldiers publicly called for the resignation of the President and Commander in Chief and protested along with the opposition at the time. They have publicly violated global norms of military discipline. The CONI report has highlighted this act and called for action against them.”

Instead of penalising mutinying soldiers, the Ministry of Defense awarded them promotions, the MDP said.

“Such actions politicize the military, undermine professionalism and demean the institution,” the MDP added.

In September, the Civil Court ordered the Maldives Police Services to reinstate former Head of Intelligence Mohamed ‘MC’ Hameed who had been dismissed by the police’s disciplinary board for unspecified offenses.

Local media at the time said Hameed dismissal was related to a report published by MDP on the controversial transfer of power.

The police have said they will appeal the case.

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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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Former ‘Mr Maldives’ wins unfair dismissal case

The Civil Court ordered the Maldives Police Service yesterday to reinstate Constable Husham Hameed to his post after the former ‘Mr Maldives’ was fired last year on suspicion of sexually assaulting a young woman inside a police car.

According to newspaper Haveeru, Judge Aisha Shujoon ruled that the police disciplinary committee’s decision to dismiss Husham was both inconsistent with section 24(b) of police regulations and disproportionate to the alleged offence.

The judge added that the committee’s action against Husham violated his rights under articles 37 and 38 of the constitution, ordering police to reinstate Husham within 15 days and pay his lost salary and allowances in 30 days.

The three other police officers dismissed along with Husham – Corporal Mohamed Fayaz, Corporal Ali Nasheed and Chief Inspector Risheef Thoha – have ongoing unfair dismissal cases at the Civil Court.

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