Malaysia

Transgender hospital cleaner claims discrimination by employer

Other such workers also bullied, told to quit, says Tharani Kutty

Updated 3 years ago · Published on 15 Jan 2021 9:00AM

Transgender hospital cleaner claims discrimination by employer
Transgender hospital cleaner Tharani Kutty claims unfair treatment by her employer, Edgenta UEMS Sdn Bhd, because she is transgender. – ARJUN MOHANAKRISHNAN/The Vibes pic, January 15, 2021

by Arjun Mohanakrishnan

KUALA LUMPUR – Tharani Kutty is not merely a cleaner at a Perak Hospital, but is also a frontliner.

She alleges that her employer, Edgenta UEMS Sdn Bhd, discriminates against her because she is transgender.

“My manager has asked me to remove my clothes, undergarments and jewellery. She even asked me to cut my hair short,” Tharani told The Vibes.

She said she prefers wearing women’s clothes, but her manager has compelled her to wear men’s clothing while at work.

The manager, who supervises cleaning staff at six other hospitals, bullies other transgender workers, too, said Tharani.  

“There were three other workers who were also transgender. The manager told them to quit, and after three days, that’s what they did.”

UEM Edgenta Bhd, meanwhile, told The Vibes that it takes such matters seriously, and an internal investigation has been initiated.

“UEM Edgenta is taking seriously the allegations made by an employee from the company’s Healthcare Support (HS) division, in which an internal investigation has been initiated.”

However, the company said it has not received a complaint relating to the claims through its internal channels.

“Among the channels made available to all HS employees is PrihatinLine, an online platform for HS employees to communicate directly with Edgenta UEMS’ management, or via the company’s whistle-blowing channel available on the company’s website.”

The issue of gender discrimination is not the only conflict Tharani has with Edgenta UEMS.

She has sued the firm over unpaid overtime wages.

According to Varathan Selvam, a Parti Sosialis Malaysia member and industrial relations officer, hospital cleaners like Tharani were initially civil servants.

“However, in 1997, (then) prime minister Tun Dr Mahathir Mohamad initiated privatisation policies, which saw these cleaning services privatised.”

He added that hospital cleaners usually work seven-hour shifts, with an hour’s break.

However, he said, Edgenta changed this policy to require staff to work eight-hour shifts, with breaks limited to one hour.

“The cleaners were allowed to eat during their break, but they were not allowed to leave their work premises. Basically, they were always on call.”

Additionally, the cleaners were not paid for extra work.

When Tharani took the case to the labour tribunal, Varathan acted as her representative as he was also a liaison to the National Union of Workers in Hospital Support and Allied Services.

Tharani won the case. The tribunal ordered Edgenta UEMS to pay overtime wages to her for the period from February to August last year, amounting to RM1,211.

Asked how she felt about the judgment, she said: “Of course, I am happy with the judgment, but there are still many unsolved issues with the company.” – The Vibes, January 15, 2021

Tharani Kutty expresses happiness that she won a suit against her employer over overtime pay, but stresses that some issues remain unresolved. – ARJUN MOHANAKRISHNAN/The Vibes pic, January 15, 2021
Tharani Kutty expresses happiness that she won a suit against her employer over overtime pay, but stresses that some issues remain unresolved. – ARJUN MOHANAKRISHNAN/The Vibes pic, January 15, 2021

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