This is the case I am referring to which Mohamed Sazali stated in an email group:
There is a same case happened to a deaf lady in Ipoh last year. Her employer accused her damaging a machine and forced her to pay back. Her uncle come to assist and the case was bought forward to JTK and we Malaysian Federation of the Deaf provide sign language interpreter service.The deaf girl won the case and the employer was penalised because violating Employee Act and had to pay fine plus compensation to her in installment.
I am posing this question of what the Act can do to create changes.
I wonder if we can claim compensation based on the Akta OKU 2008 as well. Of course we had been saying that its an enabling act and not a discrimination act, but anyone have any opinions on this.
Or the Akta OKU 2008 can instigate other acts in the court of law or on making grounds for compensation. There are many different cases of course. Like in the case of the deaf girl highlighted by Sazali, the case should be put forward to the Majlis to do something to the Employee Act if the case in court was deemed unsatisfactory.
Or is there a way to refer to the Majlis (Council) to instigate for compensation? It is perceived that the Majlis is the main tool of this Act (to have teeth), ie instigating for changes to other acts and creating policies and acts.
Acts are medium of change, and to what extent can the Act create changes and to effect these changes can be made.
At the Universal Design Committee of the Majlis, we discussed about the Uniform Building By-Law 34A and the function of the local authority. Actually the UBBL under the Streets, Drainage and Building Act is one thing but the Principal Submitting Person (CF change to CCC) who is now the architect and the engineer who are under the Architect Act and the Engineer Act respectively are the ones responsible for the building to comply to UBBL 34A. So now the power of how accessible buildings / development will be actually falls under the Architect Act and the Engineer Act! If we are seeking compensation, can we address these acts? (for example)
Just for further discussion and action.
