Security guard seeks court order to get Socso compensation

guard-socso-perkeso-malaysia-1PETALING JAYA: A security guard is seeking a court order to compel the national social security organisation, Socso, to pay him compensation for injuries he had sustained while on his way home from work.

M Nadarajan is demanding a payment about RM3,000 from Sosco, after his claim was dismissed by a Socso tribunal in December last year.

The 62-year-old suffered injuries on his face and head in a road accident in the early morning hours of Oct 29, 2014 at Jalan Sungai Jelok, Kajang, when he lost control of his motorcycle as he was trying to avoid a pothole on the road.

He sought treatment in Hospital Kajang, and claimed that he was on his way home from work at the time of the accident.

Nadarajan then filed a claim with Socso for his injury on December 2014 but the claim was turned down on August 2015.

Dissatisfied over the claim being turned down, he then filed an appeal to the Socso tribunal.

In his sworn statement presented during the tribunal hearing, Nadarajan said he was employed by Cisco (M) Sdn Bhd, between April and October 2014 and he was working the night shift, between 7am and 7pm.

However, in August that year, he said his working hours were changed with his new shift being 4pm to 5.40am, adding that this was because the number of security guards on duty during one shift was slashed to three people from four people.

“The three security guards on duty have to take turns to guard the area we are assigned to. My employer was also aware of the change in my working hours,” he said.

Nadarajan alleged his employer had “lied” and accused him of skipping work at 5.40am before his 7pm to 7am shift ended, claiming thus that he was not entitled to his Socso claim.

“If it is true I skipped work at 5.40am, my company would have issued me a warning letter or taken disciplinary action,” he said, adding he had never skipped his shift as claimed by his bosses.

He also said there is a log book to record employees’ working hours but alleged his employer Cisco had refused to hand the book to him and Socso for the purpose of hearing by the tribunal.

Nadarajan’s appeal to tribunal was dismissed on December last year but he said he was not provided the written grounds.

Not satisfied with the numerous rejections by Socso, Nadarajan had no choice but to turn to the High Court in seeking some compensation.

Lawyer Dinesh Muttal, who is representing Nadarajan in his appeal, said that he will be filing for an extension of time to submit the relevant documents.

“We have not received the notes of proceedings during the tribunal hearing for our High Court appeal,” he said.

The next case management date was fixed on Aug 7 at the Seremban High Court.