Barbaric posse

I just saw a shocking photo of how "Passers-by catch, tie up 'thief' at Chong Pang Market" in Singapore today. You can read The Straits Times online news article here and see The Straits Times Facebook photo here.

IMHO, it is shocking how some commented that the accused deserved the barbaric treatment. From the photo: the accused was tied like an animal for slaughter and his hands and legs looks like they've turned purple -- a clear sign of insufficient blood and oxygen flow. Who will support this guy if his hands and feet are amputated due to tissue death? What makes Singaporeans think that it is ok to be a barbaric posse -- regardless of the crime committed?

[Note: I am not opposed to tying the thief up, but the posse should ensure that it is done in a way that does not harm the suspect. Deterrence should be just enough force applied, not excessive, otherwise IMHO the "deterrence" is really a flimsy excuse for assault.]

In contrast, another story (from Oklahoma, USA) shared on the same Facebook thread by another commenter illustrates how the story could have had a different ended. Long story short: Man stole woman's wallet, woman caught man, offered to pay his groceries, man cried and apologize profusely.

"The last thing he said was, 'I'll never forget tonight. I'm broke, I have kids, I'm embarrassed and I'm sorry.'" -- Yahoo! Shine, Ellen's Good News, Tue Oct 22, 2013.

Think again. Has Singapore devolved back to the Charles Dicken's era?

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[Extracted from The Straits Times online]

"Passers-by catch, tie up 'thief' at Chong Pang Market"

Published on Dec 04, 2013 at 8:33 AM

Alert passers-by foiled a theft yesterday, when a man allegedly tried to steal a fishmonger's takings while he was serving a customer.

The 50-year-old stall worker, who gave his name as Mr Ye, had been chopping fish when the thief was said to have snatched about $200 from a container on the counter at Chong Pang Market.

"He stuffed it into a plastic bag, turned around and ran," Mr Ye told Chinese evening paper Shin Min Daily News. "That's when I shouted for help."

His plea caught the attention of other tenants and passers-by, who caught the 55-year-old man and restrained him with cable ties.

The Suay Kuan [The Unlucky Ones]

Just to share a real-life story from Anonymous who commented on Thursday, November 07, 2013 8:14:00 AM on my blog post "It's not so simple". If you want to believe how Singapore's healthcare system is "world class", then perhaps people like Anonymous and I are the just "the suay kuan" [i.e. "the unlucky ones"]. Otherwise, you'd question whether the occasional reports that leak about the aggression and violence faced by healthcare workers (nurses in particular) in Singapore are really the tip of the iceberg of an endemic issue.

Thank you, Anonymous, for sharing your personal story.

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[The following is copied from a comment left by Anonymous on Thursday, November 07, 2013 8:14:00 AM on my blog post "It's not so simple". Changes in font size, bold, italics and underline are added by me for emphasis.]

As a student nurse in Singapore, I bore witness to the most horrifying situation that happened in the hospital. There was a patient which was coding, and there were only 2 student nurses (one of which is myself). The emergency button was pressed. Guess what...a registered nurse (foreign trained) appeared but she took a look and walked off saying she needed to fetch her patient from OT. Needless to say , patient died because there were only 2 of us to do cpr and suction the bloody emesis while yelling for help after she left. Worse timing was it happened during break and the other nurse was in the private room doing a tracheostomy dressing. After she heard us, that nurse ran out of the private room and immediately took action. I reported that foreign nurse.

HO HO HO. I got blacklisted for pushing the matter. The senior nursing officer was telling me to keep quiet if I wanted my career. I stuck to my principles. Worse of all , I was bonded. So you can imagine what happened to me.....

When they made my life a total misery and told me that I was the most useless nurse etc , that I will never make it anywhere else ...etc ....making my rosters 12 days in a row and one day off at each end [checked, I have experienced that]. Even better, making me work when I was having a fever [checked, I have experienced that too], and landing me in ED with a 40 degree fever and a fit. THEN telling me that if I take more than 3 days leave, I can forget about my performance review. That went on for more than 3 months. 

It broke me down. For doing the right thing, I got marked. All the time, I kept it from my family until my father found me at the edge of our study window deciding whether I should jump or not. He decided to buy out the bond. 

Even better when I sent the resignation letter in, matron called me down and asked me if I can 'even afford' to pay off and I would be 'stuck' with the debt as well as saying 'you know....your family is not that rich and you might need to wash the dishes ' when she did not even know my family background. I looked at her and said "cash ,cheque or credit card? Which payment option to take". She retorted at me "how dare you talk to me like that girl [again I have a similar experience]... your family is poor and you want to drive them into debt" [again similar to my experience].

The day after my father came, suddenly I was called down.....the matron met my father. HAHAHAHA She asked me if I told him anything about the hospital and the complaints I was making. I looked at her and informed her that whatever I said to my father is covered under lawyer client privilege and I know my rights. She was frightened. My father's old classmate was the CEO of that particular hospital and he told me while the matron was coming out, the CEO was just walking out to lunch and greeted him. HAHAHAHAHAHAHAHA

Suddenly the matron decided that I was the poor nurse getting bullied by senior nurses and she will discipline them ...and that every ward would be happy to take me in if I decide to withdraw the cheque and my resignation. My final words to her : Go to Hell. 

I was naive and never used my dad as a connection. Had I revealed who my father was sooner, perhaps they would have licked my ass and gone after the incompetent nurse.

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To my readers: The stuff that I wrote on my blog about nursing in Singapore has already been "censored" by me to avoid stuff that may cause lawsuits to my previous employer, etc. So I am not surprised at all by the stuff that Anonymous shared. Nursing in Singapore has a long way to go before it is truly a respectable profession.

Drunkard's target is not the wine［醉翁之意不在酒］

I came across a piece "Confessions of an ex-HDB Officer" by a TRS contributor CJ. I am not going to comment on his confessions, but rather the (possibly troll) responses that are rather interesting and (IMHO) reflective of a typical Singaporean mindset. [Note: Italics and bold mine, for emphasis.]

For example, Alan Tay, Professional Tree Hugger at Tree Lovers, posted on July 3, 2013 at 7:27pm [with 2 Like's]:
CJ was out HDB because he was sacked? Otherwise, CJ is so noble to resign and take a pay cut of 50%. How many years did he work in HDB? I smell bulls***

For example, Ron Koo, who "Works at SLNG Terminal Project @ Meranti Cresent, Jurong Island", posted on July 4, 2013 at 7:09am [with 1 Like]:
the story is very doubtful as the writer said he left HDB for a 50% pay cut. Don't bite the hand that feeds you, or rather, once fed you with a fat rolex.

Let me start-off by stating that I do not know CJ personally. In fact, I only read TRS occasionally, but something about his later article "The People Vs HDB. In the matter of public interest." which showed up on another blogger's blogs-of-interest caught my eye. Then I followed-up on his preceding article and chanced upon the above comments.

The comments, as I've mentioned above, (IMHO) reflects a typical Singaporean mindset. A mindset which sees the path to success as a rigid straight line, from A to B. A mindset that finds it hard to imagine that there exists people who will wilfully take "The Road Not Taken".

The Road Not Taken by Robert Frost (1874-1963). 
Mountain Interval. 1920.

TWO roads diverged in a yellow wood,
And sorry I could not travel both
And be one traveler, long I stood
And looked down one as far as I could
To where it bent in the undergrowth;       5

Then took the other, as just as fair,
And having perhaps the better claim,
Because it was grassy and wanted wear;
Though as for that the passing there
Had worn them really about the same,       10

And both that morning equally lay
In leaves no step had trodden black.
Oh, I kept the first for another day!
Yet knowing how way leads on to way,
I doubted if I should ever come back.       15

I shall be telling this with a sigh
Somewhere ages and ages hence:
Two roads diverged in a wood, and I—
I took the one less traveled by,
And that has made all the difference.       20

I shall repeat myself -- I do not know CJ personally. I have no reason to doubt or believe his story. That said, I know it is possible to walk away from a job/career and to take another that pays 50% or less. I have done so myself. In fact, I have tried 3 attempts -- only to finally succeed on my 3rd attempt.

[1997 Job offer from NCB]

[Note: The above job offer was neither my highest nor lowest pay in my 10+ years spent in my first career. It just serves to illustrate that there are people (your truly for example) who will wilfully walk away from a job/career and move on to one that pays 50% or less of one's previous salary. "The starting basic salary for Registered Nurses is approximately $1,800." according to the WDA Professional Conversion Programme for Registered Nurses webpage as at 22-Jul-2013.]

IMHO, what the commenters above probably do not understand is the Chinese saying, “醉翁之意不在酒”。["The drunkard's target is not the wine."] Look at the long-term. And as Robert Frost wrote, "Two roads diverged in a wood, and I — I took the one less traveled by, And that has made all the difference."

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p.s. For those who wonder:

It took me many years, but I am on-track for a return to my previous salary levels. The major/critical point is that I am in a different career, in a different country -- one with proper labour protection and a good social support system (which I willingly pay tax for). I no longer have to deal with stressors like:

• watching my colleagues fall as I survive 3 retrenchment chops in less than 4 years, 
• worrying about being "cheaper, faster, and better" all-the-time, 
• being too old to be employable after age 40, 
• "can afford to die, but cannot afford to fall ill", and
• my retirement fund (e.g. CPF Life) possibly handling out morsels which I cannot survive on in my "golden years".

For those who want the numbers as proof: BCNU's (B.C. Nurses Union) pay-scale for newly graduated Registered Nurse start at CAD31.71/hour as of April 2013. The typical full-time RN works 1700 hours/year or more.

Canadian goose / Volunteerism

Just to share a short video of a Canadian goose that I took last week at Stanley Park.

Yes, I think the goose knew I was there, but it was nonplussed about it. IMHO, it helped that I walked up very slowly, calmly and steadily towards it; and also that I was "down-wind" (i.e. the wind was blowing from the goose towards me). Yes, at one point I laughed in my heart at the mental images that if I were not a vegetarian, this would be a good opportunity to spear* the goose and have roast goose! [*Note: I am not suggesting for anyone to do that, for the Canadians treasure their wildlife.]

Canadian Goose

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Last week, I visited various Metro Vancouver tourist attractions thanks to the free pass I received from volunteering with one of these attractions. IMHO, the free pass (for a fortnight) is such a good way to show appreciation to volunteers during BC's Volunteer Appreciation Week.

[2013 Volunteer Appreciation Week

- A fortnight's free pass]

The spirit of volunteerism is strong in Metro Vancouver. [Note: For an idea of how ingrained volunteerism is in the Canadian culture, see the news article below.] For many young Vancouverites, besides contributing to causes that they believe in, it is a way to get references and community experience for their future resumes and/or take a peek into potential careers.

Many newly-arrived immigrants do not instinctively understand the value of volunteering: 

• how it can open up new worlds/opportunities/careers for them, 
• how it can help them break out of their ethnic ghetto, 
• how it can be a part of their process of learning about the Canadian society and integrating with it, 
• how it may be useful to have some Canadian community contacts (especially since many in such social/charity/volunteer organizations are open-to and supportive-of immigrants), and 
• how it may possibly lead to the hard-to-acquire Canadian experience and/or references.

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[Extracted from Yahoo! Finance Insight, dated Wed 24-Apr-2013.]

Volunteering worth $50 billion to Canadian economy

By Brenda Bouw | Insight – Wed, 24 Apr, 2013 11:29 AM EDT

Volunteering not only makes you feel good, turns out it’s also good for the economy.

A new report from TD Bank has pegged the economic value of volunteering in Canada at $50 billion each year, or about three per cent of Canada’s GDP, which is the same size as the Manitoba economy.

“The economic value of volunteering demonstrates that it is possible to get more than what you pay for,” said the report’s authors, TD economists Craig Alexander and Sonya Gulati.

“Put simply, $50 billion represents a lot of value. It is too large to simply dismiss.”

The report marks National Volunteer Week in Canada, which runs from April 21 to 27, and celebrates the estimated 13.3 million volunteers across Canada.

While some might argue volunteering is just free labour, others see it as a way to advance skills or provide selfless acts that allow them to give back to the community.

TD argues volunteerism provides economic value that is “very real,” yet “seldom noticed and rarely discussed.”

For example, it cites opportunity cost for spending a limited resource, “in this case, time – on unpaid work as opposed to paid work.” An example is gaining a skill that better prepares someone for a paid job in the future. There is also value in the generation of social capital, or the “intangible benefits associated with volunteering,” the report says.

TD came up with the $50-billion figure by calculating the estimated 2.1 billion hours worked at average rate of $24 per hour. The data is based on the 2010 Canada Survey of Giving, Volunteering and Participating, from Statistics Canada .

The $50-billion figure is “conservative,” TD says, because it doesn’t include capital investment, for example. The total is also said to be roughly half of the value of Canada’s non-profit sector, as estimated by Statistics Canada.

“If the value of volunteer work were a company, it would be in the league of the largest firms in Canada listed in the S&P/TSX Composite Index – on the basis of market capitalization – sandwiched between corporate giants like Suncor Energy and the Canadian National Railway,” the report says.

While TD sees the report as a fitting way to celebrate National Volunteer Week, the authors addressed the potential “passionate rebuttal” that putting a dollar figure on volunteerism may be considered “distasteful and/or disrespectful.”

“It is short-sighted not to appreciate this perspective and to flippantly ignore the passionate rebuttal to economic valuation,” the report says.

“Despite the skepticism attached to the exercise, putting numbers to volunteering does help to demonstrate the societal and economic importance … Comparison and context enable us to understand and protect volunteering which is generally overlooked and its importance dismissed at first glance. An economic lens fosters appreciation for a crucial element of the social fabric that binds the community together.”

National Volunteer Week began in 1943 as a way to draw attention to the contribution women made at home during the Second World War, according to Volunteer Canada www.volunteer.ca

Spam Comments

I have been busy with other stuff and have not had time to update my blog recently. Imagine my surprise when I log-on today and found 2 spam comments, both posted on 10-Apr-2013.

[12-Apr-2013 Screen capture of the spam comments]

Thank goodness there were only 2, not 100's or 1000's. For my reply to each of these spammers trying to advertise their products/services for free, please click here and here.

Death of a clinically depressed

The 10th anniversary of the death of one of Hong Kong's beloved star (singer and actor) is just around the corner. Here is a song from Leslie Cheung's posthumous album.

張國榮 - 玻璃之情
[Leslie Cheung - Glass relations]

I first fell in love with his voice and music from some theme songs from his movies.

張國榮 - 今生今世


張國榮 - 追

According to Leslie Cheung's suicide note, he did so because he found depression unbearable. Just as one cannot tell a person's sexual orientation by just looking at him/her, one also cannot tell another person's mental health and/or the life challenges that he/she is currently facing just by looking at him/her.

E.g. The second most miserable period in my life was during my secondary school days (Canadian middle school). My parents were in the throes of mid-life crisis, alternating between "cold war" and quarrelling day-to-day (with the occasional objects in levitation). I was often kept awake at night, between my parents' middle-of-night outbursts and racing thoughts of worst case scenarios. The chronic lack of sleep (over a 2 year period when the crisis peaked) took its toil on me. I was often late for school and struggled to stay awake in class -- both of which are evidenced by comments from classmates' autographs on my tardiness and drowsiness with some wondering what I was up-to at night. I think a few teachers suspected that we had some family issues since both my elder sister and I (yup, we went to the same branded school) wrote about similar stuff in our confidential start-of-school-year essay assignments about ourselves. Otherwise, no one in school really knew what I was going through. Thankfully, I managed to pass all my examinations (doing well for a few of them), except for one red mark (i.e. E8 for Additional Mathematics in semester one during my secondary 4 year). Ironically, here are some descriptions of me from my secondary school autograph books: jovial, joyous, cheerful, always smiling, easy-going, happy-go-lucky, very optimistic, "lightens one up" and "brightens up the day". 

[My schoolmates also commented that they found me: smart, "can always think of idea(s) which no one can think of", brainy, eager-to-learn, very curious, sporting and plucky, your courage, interesting, exciting, cute, adorable, comical, blur, nice, kind, warm, helpful, responsible 有责任感, too responsible, most obliging, motherly, always fully equipped, generous, magnificent and great partner (in the lab), amiable, affable, 友善 friendly, loyal, good friend, close friend, nice company, "cherish your company", quiet, "caring and concerned", considerate, care for the feelings of others, sensitive, understanding 体凉别人, stubborn, very firm in your decision, sticking to your own beliefs and principles 坚持自己的原则, fighting spirit 不向困难低头, determined 有恒心, confidence, "something different (but) I like you to be what you are", with "idiosyncrasies", your [my] patience, too critical and sarcastic, "you pass sarcastic remarks", frank and outspoken, long-winded, 太直爽 ["too direct and easy-going"], soft and gentle, "posses compassion and a certain measure of wisdom", "doesn't mind to reveal(ing) your [my] own bad-points", and "can draw quite well".
Yes, I guess I was and probably still am all of the above.]

[Note, some also wrote: "my 1st impression of you was 'Eeyaks!'", childish, childlike manner, "at times... rather grouchy", irritating, "behaviour and ways are quite irritating", "I felt very irritated by your quite silly jokes", you "laughed about real silly jokes", "you seem to talk on everything mentioned, some of which are not necessary", "motivation to win, no matter what!!!", (over the years) you-have-become/I-found-you (a bit) "more tolerable", "do change / grow up to be a 'better' girl", "always talk about things which I do not understand", "you only go talk about silly things", "you can make more friends in a week by being interested in them than ten years by trying to get them interested in you", "exceptionally slow and cautious in doing everything", "you work the hardest" (in the ECA group), "gave me the impression of an industrious student... perhaps it is because of your spectacles and your bookworm-ish look", "you express your views openly and in the process you may hurt or irritate someone", "you've taught me certain things which I was never aware of before, whether you know it or not.", "I feel that if I am given enough (extra) time to know you better and I know I am not going to regret it".
So you see, I had a hard time fitting-in socially, although one wouldn't suspect it if one meets me today. In fact, I suspect my own teenage challenges made me a particularly effective listening ear to my vulnerable teenage charges during my voluntary days.]

There are seemingly highly functional persons who crash "suddenly" for "no reason". [Click here for an example where the inflexibility of policy administrators pushed a bright young man to take his own life.] Sometimes we stand-by and watch as others gang-up to bully someone because target "can take it", "should be able to take a joke" or "was merely reaping what he had sown". As I grow older, I find myself less and less willing to be a silent target and/or a silent observer from which bullies draw their power (social cachet). After all, we will never know what may be the last straw that breaks a camel's back.

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As for myself, I take time-out alone whenever I feel my stress building or my mood swinging. In addition, despite the frequent encouragement from kind friends to go further (ambition or career-wise), I avoid over-stretching myself because I just want to live a simple life. I have no wish to shine brightly only to crash like a supernova. [Note: This is where I have changed since my teen, for one secondary schoolmate wrote back in the 1980's, "you aim too high and whenever you could not attain your goal, you will get very unhappy."]

Migrant Workers - Part 4

Back to the compare-and-contrast exercise of "Migrant Workers" in Singapore vs Canada. If you have not read my previous blog entries on this series, you can find them here (part 1, part 2 and part 3).

Read here, an article by Yawning Bread that shows what happens in Singapore when one dares to question the Ministry of Manpower (a government agency) on what seems to be an anomaly in their staff's actions.

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Let us look at how the Superior Court of Quebec, Canada, handled a case which challenges the Quebec Human Rights and Youth Rights Commission's dismissal of a complaint filed by PINAY (the "Organisation des Femmes Philippins du Quebec" or "Filipino Women’s Organization in Quebec") on behalf of 26 Filipina LICs (Live-In Caregivers). For more details on the case, please click here and here for the Press Releases from PINAY and here for a report from CRARR (Center for Research-Action on Race Relations).

Below is a brief of what happened, as extracted from the above PINAY Press Releases and CRARR report.

1. Over a 5 year period, at least 40 Filipina women paid an average of US$4,000 to John Aurora’s agency (Super Nanny) to obtain work permits and immigration papers to work as Live-in Caregivers (LIC) in Montreal, Canada. In addition to the fees paid to Aurora’s agency, these women had to pay their own airfare.

2. Between between 2004 and 2008, 16 were told upon arrival that their initial employer designated in the Quebec Employment Contract was no longer available, and they were never reimbursed.

[Note: For the Live-in Caregivers visa, the TFW (temporary foreign worker) must live-in at the premises of the specified employer designated in their employment contract and work permit. If they need to change employers for any reason, they must re-apply and wait for a new work permit to be issued for the new employer, which typically takes at least 4-6 months. LICs are strictly prohibited from working until their new work permit is issued. Click here and here for more about LIC visa.]

3. Many of the TFWs were required (i.e. made) to do unpaid labour for Aurora while awaiting the confirmation of a new LIC job offer and the issuance of a new work permit.

4. These TFWs were also pressurized to sign a lease to become tenants in Aurora's various properties, where many women would live in overcrowded and unsanitary conditions. Almost all tenants had to pay an illegal deposit of $150 for furniture, late fees and other penalties that are clearly forbidden by Quebec housing laws. They were also not given a copy of their tenancy agreement. They only realized that Aurora had secretly added clauses holding them jointly liable for the rent, without their knowledge, when they were brought to the Rental Board for breaking the lease or for rent owed. 

5. In May 2009, on behalf of 26 LICs, PINAY filed a civil rights complaint against Aurora and Super Nanny, his agency, with the Quebec Human Rights and Youth Rights Commission, claiming discrimination based on race, gender, ethnic or national origin, and social condition.

6. The Commission responded in June 2009 by contacting PINAY by telephone, for a follow-up. In August 2009, the Commission began its investigation into the case.

7. In October 2009, PINAY informed the Commission of the death of John Aurora. In early November 2009, the Commission wrote to John Aurora, summoning him to its office for investigation and requesting him to bring all pertinent papers.

8. In February 2010, the Commission met with 12 of the 26 women to obtain their declarations. However, it did not inform them of the damages they could claim and the possibility of citing John Aurora’s associates as co-respondents in the case.

9. In October 2010, the Commission interviewed John Aurora’s daughter and then notified PINAY of its intent to close the file due to John Aurora’s death, because of his daughter’s denial of involvement and the fact that Super Nanny was not an incorporated business. 

10. At this point, PINAY mandated CRARR to handle the case "due to what many see as a badly handled investigation" by the Quebec Human Rights Commission -- quote from CRARR. CRARR found that the Commission failed to:

• Explain to many of the 26 victims whom it interviewed, the remedies available to them, such as material, moral and punitive damages;
• Take into account the names of at least John Aurora’s four staff members who actively carried out many acts of discrimination, harassment and exploitation, who could have been held jointly responsible;
• Heed the fact that John Aurora’s daughter, in testimonies for rental board ligitation launched by her father against some caregivers over rent allegedly owed to him, did confirm her active and conscious participation in the management of her father's affairs and properties;
• Examine evidence that John Aurora’s daughter and family relatives acted as appellants in two appeals filed in March 2010 seeking to reverse rental board decisions, that were rendered in February 2009 in favor of caregivers and against her father;
• Properly identify PINAY as a complainant and send to PINAY the Commission's decision to investigate the case on the Commission's own initiative;
• Take into account PINAY President's report in mid-October 2010 of pressures from John Aurora's daughter and another staff member on some caregivers to withdraw their civil rights complaints, which is in and by itself a violation of Quebec human rights law.

11. In March 2011, CRARR presented an amended version of the May 2009 civil rights complaint to the Quebec Human Rights Commission, in which it cites Aurora’s associates as co-respondents and specifies the damages to be claimed.

12. In April 2011, the Quebec Human Rights Commission (through the same investigator -- who was accused of handling the case badly in the first place) reiterating its recommendation to close the file based on the same grounds: 

• the alleged facts of discrimination took place three years after the prescription for civil action (starting from the date of the amended complaint that cites additional respondents); 
• John Aurora’s death; 
• the fact that Super Nanny is not incorporated and that employees are not held responsible for the actions of their employer or personally responsible; and 
• that John Aurora’s daughter cannot be held liable (based on the Commission's own interpretation of the "proof of her active involvement in the management of her father’s affairs").

13. PINAY applied for judicial review to reverse the Commission’s dismissal of the complaint. In addition, PINAY asked for a total of $90,000 in moral damages against the Commission for gross negligence.

14. On October 16, 2012, the Superior Court of Quebec ruled in favour of 8 LICs and PINAY for a judicial review of the Quebec Human Rights and Youth Rights Commission’s negative decision about their case.

15. The judge rejected the Quebec Human Rights Commission's core arguments for dismissing judicial review, namely:

• The application for judicial review was filed more than 5 months after the decision was taken; 
• The Commission has fulfilled its duty of procedural fairness during the investigation; 
• The Commission enjoyed large discretion in its investigation and that the women could still sue the respondents in regular courts at their own expense.

16. The Superior Court and its judge:

• recognized that the circumstances in this particular case justify the delay of two months in filing the motion. 
• emphasized the serious prejudice that the Filipina women would suffer if their motion for Judicial Review was dismissed. 
• highlighted the importance of the present case and its potential for justice to present and future LICs. In fact, in the judge’s words, “the importance of the matter is further magnified by the fact that over and above the Plaintiffs, there are many Filipino caregivers arriving in Canada every day”.
• recognized that “plaintiffs’ rights could be seriously prejudiced if their motion is dismissed at this stage. While it is true that they could institute proceedings on their own, and might ultimately have to do so, such proceedings would be costly and there is potential for prescription.”

17. Ms. Evelyn Calugay, President of Pinay highlighted the social impact of the Superior Court's ruling, “The Court is sending a very important message to society as whole about the obstacles encountered by migrant and domestic workers in seeking protection against civil rights violations, something which the human rights commission seems to have problems understanding.”

18. The case is still on-going, pending a full hearing by the judiciary allow the Court to adjudicate on the validity of Plaintiff's [PINAY and the LICs] claims. The case is expected to cost the group several thousand dollars.

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In the case highlighted by Yawning Bread, the Singapore Ministry of Manpower (MOM) 

• did not assist the migrant worker in retrieving/extracting compensation from the "derelict employer" which its own Labour Court awarded, and its officers know that the employer had failed to pay.
• "requested" that blogger Yawning Bread, censor his blog post which draw media attention to the case (and thus, MOM's own failings).

[This paragraph is added on 01-Feb-2013.] As for unions, as Yawning Bread highlighted, the SMRT strike clearly indicated a lack of independent unions in Singapore. According to MrBrown, the NTUC (National Trades Union Congress) director of the Unit for Contract and Casual Workers (UCCW) criticized the striking migrant workers for acting without the knowledge of the NTWU (National Transport Workers' Union). In turn, the NTWU issued a press statement saying that it does not have the legal mandate to represent the PRC bus workers of SMRT as they are not union members. So which is the actual union responsible? The NTUC/UCCW or the NTWU? What does the National in NTUC and NTWU stand for? Only people of Singaporean nationality? In contrast, unionized workers in B.C. Canada are always advised, "Do not cross a picket line, even if it is not your union on strike. Call your union representative for advice." because independent unions support each other in solidarity against unfair and/or unjust employment practice. In addition, for unionized jobs, all workers are paid an equitable rate based on union negotiation with the employers. Lastly, from my personal experience, the union will fight for you even if you're not their full-fledged member yet, because allowing discriminatory practices against one segment of the workers may lead eventually to undercutting and/or undermining the compensation/benefits of ALL workers.

IMHO, labour protection and civil rights movements are comparatively weak in Singapore. Firstly, there isn't a Human Rights Commission (or ombudsman) in Singapore. As far as I know, there isn't any civil rights organization in Singapore with enough funding to conduct its independent investigations (like CRARR) and to bank-roll an application for judiciary review (like PINAY). Thus, as far as I know, there isn't any court cases upon which to compare the performance of the Singapore judiciary vs that of the Quebecois (Canadian) judiciary. At least in Quebec, Canada, the Superior Court sent "a very important message to society as whole about the obstacles encountered by migrant and domestic workers in seeking protection against civil rights violations". In contrast, when I read of how even the Acting Manpower Minister Tan Chuan-Jin seemed to be oblivious the challenges faced by migrant workers in obtaining justice and fair treatment, I doubt there would be any significant improvement to the Singapore system anytime soon.

[p.s. Anyone out there who knows of such migrant workers-related court cases in Singapore (i.e. not the criminal cases prosecuted by the Singapore Attorney General's Chamber whereby compensation to the migrant workers is not on-the-plate), please drop a note in the comments section. Thanks!]

A foreign workers' dormitory in Singapore

Facebook exchange: Homophobic hate speech

Homophobia is well and alive in Singapore. Just these few days, I had another Facebook sparring with my right-wing Christian friend, LKM (again). LKM is from Westside Anglican Church.

[Aside: Normally I would hold the individual to account for his/her actions, and not name his/her religious association. However, in this case, I understand that LKM's homophobic views are reinforced by his church's teachings, and thus I would argue that the church is vicariously liable. For more background about homophobia in Singapore Anglican churches, read this article on "Asian Anglicans starts a crusade against the West and gays" by Rainbow Harvest.]

Perhaps the Workers Party is playing it smart by holding its stance on the homophobic Section 377A of the Penal Code (Singapore) close to their hearts. 377A affects political votes as there is a significant vocal and growing segment of right-wing Christians in Singapore. IMHO, this group is brainwashed with homophobic rhetoric that they cannot hold up to when challenged, but instead often hide behind the excuse that "it is not socially nice" to criticize others' views (see below for example).

At the moment, for the Punggol East By-Election, these right-wing Christian folks are campaigning for PAP so as to retain 377A. Based on my friend's Facebook postings, the reason for supporting PAP is because of Christopher de Souza's speech against the repeal of 377A back in October 2007. I think it is naive of these right-wing Christians to believe that PAP's current stance to retain 377A will remain forever. After all, PAP being the "pragmatic" political party of "hard rules" of life, had previously sold out the Christian lobby on the casino issue when it suited its political leaders' wish to grow the GDP.

Normally, I ignore LKM's rants when he gets all worked up about his Christian objectives. However, I stepped in when I saw that his rants degraded into homophobic hate speech.

------------------------------

[Our Facebook Exchange, edited to remove the real names of the individuals involved. The number of Facebook "Likes" are shown here when there is 1 or more likes.]

LKM: If homosexual intercourse is legally permissible, I fear for our Army !!!!

Like - 3 

LKM:  Snglish phrases like "kanna screw" takes on new meanings ...

AKCY: That would only be worrying if homosexual *rape* was permissible.

Like - 2

WD:  Heterosexual intercourse is legally permissible and there are women in the Army, so are there lots of "ungodly" action taking place in the army?

Don't jump the gun lah.

LKM:  Yah the SGT rape already then claim to be lover, how to bring to court since legalized ?

WD:  *Rape* is rape. Man rape man case should be brought to court the same way as man rape woman case. Why the gender discrimination?

Like · 1

LKM:  We're not even talking about godly or ungodly, a man poking another's backside is downright repulsive, we talking about endorsing SICKNESS by removing 377A ...

WD:  Also, may I add, woman rape man case should be brought to court the same way as man rape woman case or man rape man case.

Like · 1

LKM:  Imagine an army where soldier fight fellow soldier over a male lover .... *puke* Such an army really in for big trouble ...

WD:  > "man poking another's backside is downright repulsive, we talking about endorsing SICKNESS"

Quoting you, LKM, above. Is that a FACT or just your own narrow-minded OPINION?

LKM:  Google homosexual intercourse and advise me how else it's technically possible ...

LKM:  ... maybe there are other possible permutations but they all fall under pornographic domains ...

LKM:  ... now bring these into perspective of why anyone would want it legalized ...

KKP: "Disapproval of homosexuality cannot justify invading the houses, hearts and minds of citizens who choose to live their lives differently." -Harry A. Blackmun

"I'm a supporter of gay rights. And not a closet supporter either. From the time I was a kid, I have never been able to understand attacks upon the gay community. There are so many qualities that make up a human being... by the time I get through with all the things that I really admire about people, what they do with their private parts is probably so low on the list that it is irrelevant." -Paul Newman
Like - 4

WD:  So you find "man poking another's backside is downright repulsive" because you're heterosexual. You can always decline if a homosexual guy asks you for sex.

My point about distinguishing between FACT and OPINION is your judgement that the act itself is "downright repulsive" -- that's your opinion, not a fact.

LKM:  Agree about it being a fact that I find it repulsive. Just wondering who are those capable of accepting such a repulsive act *yucks*

LKM:  As far as I learn from Biology, backside is meant for shitting, that's a fact !

Like · 1

AL: Hi LKM, it sounds like you are grossed out by the act of anal sex, and that's not your only objection. Would that be right?

LKM:  And farting sometimes too ...

LKM:  I can accept the emotional aspects of 2 person having deep feelings, but the sex part which is what 377A is about should be maintained to upkeep the proper order of nature, man and woman ...

Like · 2

LKM:   ... and we're not talking about religion here yet ...

WD:  > Agree about it being a fact that I find it repulsive. Just wondering who are those capable of accepting such a repulsive act *yucks*

Some of my friends are. As far as I am concerned, there are many more qualities (and admirable ones too) about my homosexual friends that what they do with their private parts in the privacy of their bedrooms is none of my concern. 

E.g. Some of them have to deal daily with people like you (LKM) who judge them based on your own value system of "proper order of nature, man and woman" when your bible told you that judgement is only to be done by your god. Tsk, tsk, hope you're not trying to play god.

LKM:  Nope, my opinion purely mine. Happy that Singapore still have a governance with soundness that will hold on to Penal Code 377A so that I don't have to worry over my daughters and sons ....

Like · 1

LKM:  ... of course everyone is entitled to the freedom of their own private activities, but Penal Code 377A is about setting a baseline for a society, what constitutes acceptable norm, what constitutes not acceptable criminal activity ...

LKM:  ... and to me, the fact is that legalizing homosexual sex goes against the sound establishment of our Asian society ...

WD:  > baseline for a society, what constitutes acceptable norm, what constitutes not acceptable criminal activity

And that is why the baseline is being challenged (and I am happy to say that). You have a right to your OPINIONS and VALUE SYSTEM, just not the right to expect others to conform to your opinions or value system. 

> sound establishment of our Asian society ... 

You obviously are clueless on the sexual history of Asian societies. Even in karma sutra, there are extracts talking about homosexual acts.
Like · 1

KKP: How would you like it if someone started 'Shut Up LKM & Concentrate on your inane diet diary' Campaign? Maybe you would know how it feels to be ranted on...

LKM:  You sure got me there with the karma sutra bullshit haha ... but I still Kee Chiu in support for keeping Penal Code 377A !!

KKP: B

LKM:  It's seasonal lah ... I mean my rantings ... I change topic very readily ... but as far as this season is concern, I want to voice my UTMOST support for Penal Code 377A. Keep 377A for Singapore ...

Like · 1

WD:  @ LKM: I suggest you find yourself a good translation of the actual historic "Karma Sutra", not those cheap "1001 sex positions" knock-off of Karma Sutra. Failing which, I recommend that you ask Professor Google about the "history of asian homosexuality".

Find the FACTS before you shoot your mouth off.

LKM:  Okokok, but it's still keep 377A for me !!!

KKP: Oh SHUT UP ALREADY!

Like · 1

WD:  On the other hand, I am glad that LKM shot his mouth off. Because only then, we have a chance to feed him with FACTS that would challenge his (IMHO mis-)perception about homosexuality, homosexual rape, and history of asian homosexuality.

Whether he changes his opinion is well within his right to decide. Freedom of belief, so long as he does not discriminate against any of his students on the basis of their sexual orientation.

LKM:  I am capable of loving even homosexuals, it's the sexual act that I have problems with, which is EXACTLY what 377A is all about.

WD:  Do you eat sharks' fin soup? Some people find it disgusting, "repulsive", and against "proper order of nature", and so they are petitioning for it to be banned.

If every activity that someone or anyone in this world finds disgusting, "repulsive", or against "proper order of nature" gets banned, I think we may well end up everything also cannot do. Learn to live and let live. Remember the adage: One man's meat is another man's poison.
Like · 1

WD:  @ LKM: Thanks for the "Like" for my previous comment, but I suggest that you think about it before you "Like". Why do you insist on banning (i.e. by supporting 377A) private homosexual acts between 2 consenting adults in the privacy of their bedrooms if you truly agree to "live and let live"?

LKM:  377A affects the future of my children, I'm generally selfish about well being of my children and their children. Shark fin has less impact on my kids, hence my ability to better accommodate live and let live ...

WD:  Quote LKM: > "377A affects the future of my children, I'm generally selfish about well being of my children and their children."

Care to explain how/why 377A affects the future of your children? I presume you mean removing 377A affects their "well being" negatively, so I would appreciate if you would elaborate on how this may be so. 

Or is the above another of those "I will state my OPINION as a FACT, and then hope that I don't get outed for not distinguishing between FACTS and OPINIONS" statements from you?

JT: Allow me to defend LKM here. Everyone is entitled to his own opinion/beliefs/values n he's just simply stating tt on his FB wall. If do not agree, can always state own views on own wall. Y the need for all these aggressive comments? This is an issue that even if argue till cow comes home there also will be no end to it...

WD:  @ JT: I am afraid you're the one who is confused between a FB wall and the wall of a person's home.

May I remind everyone of Facebook's Terms of Use.
https://www.facebook.com/legal/terms 

In particular, points 6 and 7 under Safety.
6. You will not bully, intimidate, or harass any user.
7. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence. 

Homophobic statements, like what LKM posted above, e.g. "If homosexual intercourse is legally permissible, I fear for our Army !!!!" is a form of hate speech.
And to use social media to share his homophobic views (which LKM admitted are not fact-based but "my [his] opinion purely mine [his]") can be a form of cyber-bullying.

WD:  If you don't know what "hate speech" is, here's a definition from wikipedia:

Hate speech is, outside the law, communication that vilifies a person or a group on the basis of one or more characteristics. Examples include but are not limited to: color, disability, ethnicity, gender, nationality, race, religion, and sexual orientation.
http://en.wikipedia.org/wiki/Hate_speech

WD:  Please note that I am not a thought police. I have no interest in censoring LKM's resounding support for 377A. [Note: I did not comment on his other FB post drumming support for 377A.] (sic)

However, when LKM posted homophobic declarations, passing his OPINIONS off as FACTS (until otherwise challenged), and posting MISINFORMATION that constitutes hate speech, then I'm afraid he has crossed the line (as per Facebook's Terms of Use).

WD:  Let me borrow from the story of "The Emperor's new clothes" by Hans Christian Andersen.

http://en.wikipedia.org/wiki/The_Emperor's_New_Clothes

Which kind of friend are you? Which kind of friend would you rather have?
(a) the ministers: who let the emperor exhibit his folly for the world to see; who cannot see the clothing themselves, but pretend that they can for fear of appearing unfit for their positions; or
(b) the child: who calls a spade a spade, and blurts out the fact that the Emperor is wearing nothing at all.

One's critic is not necessary one's foe, and conversely one's supporter is not necessary one's friend. LKM, as a parent, should be well aware of which kind of friend he would prefer for himself and/or his children.

WD:  In the same way that LKM recognizes that it is only the homosexual sex acts "that I [he] find it repulsive", that he is "capable of loving even homosexuals"; it is only LKM's posting of bigotry statements on social media that I find repulsive, and I recognize that he has other positive attributes which he expresses, even on the same FB social media account.

When a person posts controversial statements on his/her FB wall, he/she should be well aware that it is not the same as painting those controversial statements on one's own home walls. The "social" nature of FB means that the person posting those statements jolly well be prepared to defend his/her stance and/or face complaints about his/her posting.

Now, as I have said earlier, I recognize there is positive value in some of LKM's other inspirational FB postings. As such, I do not believe nor wish for him to lose his entire FB account over his temporary lapse in judgement by posting hate speech on his FB wall. That said, his homophobic remarks can be a form of cyber-bullying. When good men/women remain silent in witnessing bullying, they are implicitly condoning the act of bullying and empowering the bully to continue his/her wayward behaviour.

I hope that I have made my stance clear.

LKM:  Now I feel so guilty having to know that I have contravened the use of FB's design intent .... but I still wish to use the last post I am capable of making in support of Penal Code 377A DON'T REPEAL IT !!!!

WD:  > "last post I am capable of making"

Aiyoh, no need to be so drama king lah. I am not a thought police nor a backstabber. I warned you so that you can cease and desist from making further hate speech. Of course, if you fail to do so, I reserve the right to lodge a complaint with Facebook.

So, go ahead and drum all the support you want to create for 377A. Just do it by sticking to the facts. 

Do not post PREJUDICIAL OPINIONS that could be construed as HATE SPEECH, otherwise you'd have contravened Facebook's Terms of Usage. If you care for your friends who share your support of 377A, you may want to explain to them about the fine line between supporting 377A and sprouting hate speech. Just my 2 cents.

------------------------------

[On another of LKM's (slightly earlier) Facebook posting, indicating his intent to promote his pro-377A stance.]

LKM: I make NO APOLOGIES to my friends. If you're offended by my PRO-Penal Code 377A stand, please simply remove me from your FaceBook friends list :)

Being a father of 5 children through natural birth, I cannot visualize same sex marriage as anything near legitimate relationship, and moreso, cannot understand any sane human would ever want to champion such a SICK course ?!!!
Like · 39

[Snipped off - 3 other comments supporting and adding to LKM's stance]

WD:  It is not about offence but contravention of FB's Terms of Usage, which you violated through posting "hate speech" in your other FB post which I have challenged. For details, please see my comments on your other FB post.

[Edit: Note that url to LKM's other FB post "If homosexual intercourse is legally permissible, I fear for our Army !!!!" (see above) is removed from display on this blog for privacy reasons.]

As a friend, it is my duty to tell you when you've crossed the line, so that you will not lose your ENTIRE FB ACCOUNT on the basis of a momentary lapse of judgement in your postings. 

As your friend, I make NO APOLOGIES for doing the right thing in pointing out when you've overstepped the line. Unless of course, you'd prefer that I report you to FB directly, behind your back?

LKM: ... and even at the risk of loosing my entire FB account, I wish to do so championing the keeping of Penal Code 377A for Singapore ...

Like · 2

WD:  @ LKM: As I mentioned in your other post, I am not a thought police. You can champion for support to keep Penal Code 377A for Singapore. Just do it by sticking to the facts.

Do not post PREJUDICIAL OPINIONS that could be construed as HATE SPEECH, otherwise you'd have contravened Facebook's Terms of Usage. If you care for your friends who share your support of 377A, you may want to explain to them about the fine line between supporting 377A and sprouting hate speech. Just my 2 cents.

------------------------------

Has my challenge/feedback to LKM worked? Well, it depends on what you mean by "worked". For now, LKM has stopped passing-off his homophobic opinions as facts. He is still drumming support for 377A, but he is now quoting online sources such as wikipedia's entry on Singapore's 377A.

Actually, LKM is rather similar to another 2 pro-PAP Singaporean guys that I know. [Click here and here for more.] All 3 are born-and-bred Singapore citizens. All 3 are born-again Christians. All 3 graduated from polytechnic around late-1980's or early-1990's. All 3 went on to professional/executive careers, thanking their god for their career success. All 3 are homophobic.

Now, I know that a lot of online bloggers and commenters (presumably male Singaporeans) like to put the blame of PAP's majority votes on those "ignorant Singaporean women who do not go through NS". Perhaps, just perhaps, these online bloggers/commenters would do well go knocking on some Christian doors. After all, for those conservative right-wing Christian households, their church would often teach that the wife and children must obey the husband (who represents Christ as the head of the household); and thus, if you manage to convince these homophobic Christian men to vote for alternative parties, you may actually win over 2 or more votes per man swayed.

p.s. Please do not ostracize our fellow Singaporean, right-wing Christian, PAP supporters. Some of them are really nice people when you know them personally (e.g. my friends LKM and X). IMHO, "engage and educate" is the best approach to win them over. After all, each individual is a complex multi-faceted combination of qualities, not just a cardboard cut-out of their religious and/or political affiliations.

"Suddenly, Last Winter"
Listen to what Luka said at 1:40 to 2:15 (replace "pope/bishop" with "pastor", replace "Italians" with "Singaporeans"... does it ring a bell?)

In reply to TOC - Why many don't leave and some want to return

The following is my response to The Online Citizen article dated 15-Jan-2013, "Why many don't leave and some want to return" by Kungie.

------------------------------

Quoting LIFT, "is this Kungie for real?"

Precisely my thoughts too. Below is my point-by-point "2 cents". Note: ">" precedes Kungie's words as extracted from the TOC article cited above.

> it is precisely all these taboos and conventions that bring about one of the greatest benefit of living in Singapore

What benefit is the closed conservative mindset of Singaporeans (and its social policies) if one is a liberal who do not fit/agree with those silly meaningless taboos and conventions? [Click here, here, here, here, here and here for examples]

> Even if your real self embodies none of the above-mentioned values, this framework of taboo and rules at least give you a very clear idea about how to bend the facts (and people's opinion about you).

So Kungie would rather have fake friends who see one through "shape-shifting mirrors of framework of taboos and rules", than real, mutually-trusting friendships based on open-communication and mutual acceptance. I am so sorry for Kungie's network of "friends".

> So many strongly enforced Singaporean beliefs seem to embody values that people wise up to after first trying out a life of chaos and misdirection... Our social policies, while sometimes draconian and elitist, are uncannily thought out and always hold firm like the grip of a strict father, never flickering back and forth due to public opinion like how sometimes Dutch social policies do.

Singaporean beliefs that people "wise up to"? Like what? Singaporeans' materialism? Speaking as a nurse who had served elderly patients -- my observation is that materialism does not buy one peace in facing mortality. IMHO, the sooner Singaporeans wise up to the false promises of Materialism, the better.

Social policies flickering back and forth in Kungie's view is a weakness, but in my view is the flexibility to be responsive to the ever-changing balance of societal demands. I would choose flexible/responsive public/social policies over draconian and elitist ones anytime.

> You always feel that someone has got your back in Singapore. 

While in Singapore, I have experience back-stabbing from some (born-and-bred) Singaporeans at school and at work; and in contrast, support from some foreign colleagues. It boils down to interpersonal interactions, nationality has nothing to do with it. Just look at my blog post below, under the section of "ugly Singaporean bosses". 

http://winkingdoll.blogspot.ca/2010/01/wind-and-clouds.html

> Those of us who moved to foreign countries, especially Western ones, would often feel that they are being let down by their foreign friends. ... your companions may not believe that making you feel included is also their responsibility.

"Those of us who moved to foreign countries, especially Western ones" -- so Kungie claims to be speaking on behalf of ALL Singaporeans who have moved to foreign, especially Western, countries. Errmm, can Kungie please count me out? 

As far as my experience go (and I have been in B.C., Canada for 2+ years -- a "Western" country), I have Canadian colleagues and even strangers who stood up for me when I encountered abuse/discrimination. [Note: There are idiots all over the world, and I assure you my encounters with idiots are rare here in B.C. compared to my previous work experience in Singapore.] Both Singaporean and non-Singaporean friends who extend an open invitation to crash at their home any day, anytime, especially if I miss the last train home due to working graveyard shifts. Both Canadian and immigrant friends who are always on a look-out for good deals for me (better rental, fun activities at budget prices, good food at value-for-money prices, job opportunities, etc) and make the effort to be socially inclusive. Fellow schoolmates who adopted me as part of their ethnic social group (even though I do not speak their ethnic language). As LIFT puts it, it is a give-and-take, It boils down to how much effort did you put in to reach out to and support your "foreign" friends.

> Only in Singapore can races and cultures somehow interweave and cross-pollinate without chaotic detonation

Has Kungie visited other highly diverse cities such as London and Vancouver? Does Kungie even hang out with non-Singaporeans in whatever Netherlands town/city he/she is in? I have friends (both Dutch and non-Dutch) in Netherlands, and they certainly are not as ethnocentric, mean-spirited and/or closed-minded Kungie makes them out to be. 

Kungie, Please be fair. If your experience sucks, please state clearly that you're sharing based on YOUR experience and those of other miserable Singaporeans who are unable/unwilling to integrate with the locals. 不要一竹干打翻一船人。 ["Do not tarnish everyone with a single brushstroke."] There are many other (ex-)Singaporeans who left the little red dot and are happily socially-integrated into their new homeland (including "Western" countries); some of whom blog about their experience. [Click here, here and here for examples.]

It sounds to me like Kungie is having difficulty fitting into Netherlands (his/her current country of residence); and is now looking at all "Western" countries with his/her jaded eyes, while looking back at Singapore through rose-tinted glasses.

In fact, Kungie's laments sound very similar to the lamentations of some PRCs whom I met in B.C., Canada. Those who arrive in Canada:

• with a yaya-papaya attitude of how great China is ("future world superpower"),  
• who think highly of their own paper qualifications and work experience, 
• who think that the world should (or would one day) speak Mandarin as a business language, and hence there is no need to improve their English communication skills, 
• who think so highly of their own English, but do not even recognize when they have problems communicating with the locals, 
• who look down their noses on the "corrupt western culture", 
• who refuse to adapt and/or insist that the "China way" is better/best, 
• who are disgustingly ethnocentric or self-centred, 
• who prefer to enclose themselves with their own kind (often within ethnic ghettos) and thereby reinforcing each other's perception of discrimination, 
• who take every opportunity available to whine about discrimination instead of figuring out how to work the system, and
• who did not think through carefully about the efforts needed to integrate into a new country before landing on foreign soil.

I am sorry for Kungie, his/her fellow Singaporean whiners, and the PRCs who share his/her attitude. IMHO, these folks aren't cut out for emigration, and are indeed better off returning to their respective country of origin.

Migrant Workers - Part 3

Before I start, please check out "Who chases workers up cranes?" by Yawning Bread on how the officers from the Singapore Ministry of Manpower handle complaints from 2 foreign migrant workers. Below are extracts from Yawning Bread's "Who chases workers up cranes?".

"The two men thought that not only were the deductions unjust, it was absurd that they had not been told of this before.

They went to MOM to lodge a complaint about the owed salaries, the unannounced deductions and the net effect of  negating their claims. The officer at MOM told them to bring documentary proof."

As Yawning Bread remarked, Acting Manpower Minister "Tan Chuan-Jin said in his Facebook post that “MOM requires documentation from workers in order to substantiate their claims”, but he seems ignorant of the power imbalance between low-wage  (especially migrant) workers, and employers."

------------------------------

Let us look at how a case of alleged illegal collection of employment fees is handled in Alberta, Canada. For more details of the case, please click here (Director of Fair Trading order) and here (Appeal Board decision) for documents from Service Alberta, Government of Alberta. [I suggest reading the Appeal Board document for the fuller story of investigations involved.]

Note: In Alberta, Canada, it is illegal for any business operator to seek any fee, reward or other compensation from a job applicant. [See "Legislation" section of the Director of Fair Trading order for details.]

Below is a brief of what happened according to the above Service Alberta, Government of Alberta documents.

1. Albera Ltd (a.k.a. Mabis Recruitment Agency) operates as an employment agency business by the sole director AC and the representative VV of the company.

2. Mabis recruited and arranged for temporary foreign workers (TFWs) to work as food counter attendants at a Tim Horton's franchise in Edmonton.

3. Mabis obtained the visas and airline tickets for the TFWs who, after arrival, worked in the said franchise. The franchise owner reimbursed Mabis the cost and quoted recruitment fees.

4. Some of the TFWs complained to Service Alberta that Mabis collected employment fees from them.

"A number of foreign workers filed complaints with Service Alberta that monies were paid to the Appellants, or their agents, in Korea or by electronic funds transfer to the Appellants [Mabis et al] in Edmonton. ... Service Alberta had opened 24 files based on separate complaints against the Appellants [Mabis et al] for receipt of funds contrary to the regulations of the Act which were not paid back to the Complainants." - extracted from Paragraph 17 of the Appeal Board decision.

"The Complainants who gave evidence were not sophisticated individuals. They came from overseas to work in Canada for minimum wage, a good portion of which is sent back to their families in the Philippines. The monies that had been charged varied from $700 to over $5,000, with most being in the $1,5000 to $3,000 range. This equates to a significant sum of money for these individuals who are faced with the rules, regulations and processes of a foreign country (Canada), all of which would be daunting to anyone unless they felt strongly about their situation. The Complainants giving evidence at the appeal hearing also indicated that, while they thought that the payments made to the Appellants were payments of fees for getting a job in Canada at the time, they were prepared to make those payments to get employment in Canada. It was only after they learned that those payments were illegal under the Act, that they filed the complaint against the Appellants." - extracted from Paragraph 18 of the Appeal Board decision with emphasis added by WD.

5. The complaint resulted in investigations by Service Alberta leading to the Director of Fair Trading order to Alberta Ltd (a.k.a. Mabis Recruitment Agency), AC and VV to

"immediately stop demanding or indirectly demanding or collecting a fee, reward or other compensation from a person who is seeking employment, or for securing or endeavouring to secure employment for the person." - extracted from the Director of Fair Trading order.

6. Mabis and its operators appealed against the Director of Fair Trading order.

7. As common with such dispute cases, there are situations of "your word against mine". The Appeal Board investigators report supported the TFWs claims as follow [extracted from Paragraph 19 of the Appeal Board decision with emphasis added by WD].

"a. Lawyer for the Appellants indicated that the Complainants conspired to cause problems for the Appellants yet the large number of complaints (47), most of which are still overseas, does not support this conspiracy theory."

"b. The documents that were signed by the Complainants, indicating that they were given their money back in cash, was acknowledged to be signed by the Complainants, however, the Appeal Board accepts their explanation that they feared that if they did not sign the document, they would not get employment in Canada."

"c. The Appellants indicated that they had no agents overseas, yet, the investigator's report indicates that there are emails that seem to contradict that."

8. There was also attacks on the (Complainants) TFWs credibility of giving evidence under oath because 2 of them had produced "resumes that contained inaccurate representations of work experience". "The Appeal Board finds that the puffery that the Complainants acknowledged in their resumes could not be equated to the evidence that they gave at the hearing under oath and accepts the Complainants explanation as truthful." -- extracted from Paragraph 20 of the Appeal Board decision.

9. Paragraph 22 of the Appeal Board decision with emphasis added by WD.

"When taking all of the evidence into consideration, the Appeal Board viewed the arrangement as being in the control of the Appellants. The Appellants could easily have avoided this controversy by opening a trust account with a chartered bank and having all money pass through that account with the use of cheques or traceable money orders, but they chose not to. The Complainants did get some benefit in coming to Canada, but they are not becoming wealthy by doing the work they do. On the other hand, the Appellants would seem to be benefiting much more and on the balance of probabilities, the evidence of the Complainants is preferred."

10. The Appeal Board ordered witness fees to be paid to the complainant witnesses (TFWs).

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If you read stories from H.O.M.E., TWC2, and foreign labour related entries from Yawning Bread [click here or here for examples] or TheOnlineCitizen, you would know that unscrupulous agents and/or employers exploiting the ignorance and imbalance-in-power of temporary foreign workers to make money off their backs exist in Singapore.

You will also note the huge differences in the handling of complaints from temporary foreign workers (TFWs). For example:

• Singapore MOM's bring your own black-and-white evidence for prosecution; vs Canada's sending in an investigator.
• Singapore's "law-by-law" approach relying on black-and-white evidence; vs Canada's wherein if the black-and-white evidence runs counter to the allegations of the TFWs, the officials consider the explanation given by the TFWs for the discrepancy and the relative benefits of the situation to each party (see point 9 above).
• Acting Manpower Minister Tan Chuan-Jin's statement which suggested a disregard of the power imbalance between low-wage  (especially migrant) workers, and employer; vs Canada's "Appeal Board viewed the arrangement as being in the control of the Appellants" [employment agent].
• Singapore's CPIB/Airport-Police plans to utilize TFWs for their investigative work without compensation whatsoever, and instead, relying on charity for the TFWs' sustenance; vs Canada where witness are paid fees, and victims of human trafficking are provided protection and assistance by the government. [Click here for details of the support given.]

IMHO, Singapore should hang its head in shame given its claims of a wealthier government and more efficient bureaucracy. Especially in this case, where instead of enforcing the Ministry of Manpower's "Labour Court" ruling that was in favour of the TFW, its officer recalled the TFW to the MOM office to subject him to another round of interrogation.

Some may say, it is easy in the above Canadian example for action to be taken against a small-to-medium-sized private business. Now, what if the party involved is a large and/or government-linked organization (e.g. SMRT Corp)? We shall see in the next instalment (part 4).

[Note: Click for the previous part 1 and part 2 of this "Migrant Workers" series.]

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I would just like to add a few postscript notes for people who may be seeking employment in Canada.

1. Do not trust someone on the basis of him/her being your own countrymen

I happened to know a bit of information about the couple involved in the Canadian case above. AC is the husband of VV. AC originated from Singapore (born-and-bred Singaporean) and VV originated from The Philippines, before they migrated to Canada together. The main group of TFWs that they collected fees from were Filipinos. [Yeah, VV's fellow countrymen.] 

Let's just say that I had been proposition by some Singaporeans (based in Canada or elsewhere) with various schemes/plans when I sought to build a network of contacts during the period of my transition to Canada. Be careful of people giving you free business or investment advice/suggestions. Analyze things carefully and independently, or the freebies may end-up costing you more than you realize. I am glad that I took the conservative path and avoided committing on any major business or financial directions/transactions until I gathered independent sources of data/information.

2. Use of look-alike or sound-alike names to piggyback on famous brands

Some Filipinos reading this would recognize "Mabis" as a well-known and reputable Filipino recruitment agency. But the Mabis Recruitment Agency (a.k.a. Alberta Ltd) is totally unrelated to the well-known MAB Int'l. Services Inc. (MABIS). Too many people have a tendency not to "read the fine print" and rely on their own inferred association rather than checking the reality. Sometimes such association is harmless, but other times (as shown in the case above) it may cost them heavily.

There are also similar brand rip-offs in Singapore. Sometimes the rip-off may just be that of piggyback on a famous name association without the malicious intent. Nevertheless, it may confuse people who rely on their own inferred association rather than checking the reality. E.g. My friend LC (who was born in Hong Kong, graduated from Ireland and worked in London before relocating to Singapore with his British wife) actually thought that sending his sons to Eton House in Singapore would be akin to sending them to famous Eton College in U.K. where Prince William studied. Even after I told him that they are not related, he still liked the sound of his sons having attended "Eton". Fortunately, it so happened that LC and his family left the little red dot before his sons reached school age.

Canada's immigration and visa regulations are transparent and accessible online. If you plan to work in Canada, please check the facts out for yourself from the Canada Immigration and Citizenship website instead of relying on hearsay. It takes some effort on your part, but it may save you lots of potential heartache.