THE less-abled community (OKU) of Malaysia applauded Penang High Court Judge, Justice Quay Chew Soon for his ‘historic’ decision yesterday on OKU rights to freedom from discrimination in employment.
In a statement, the Harapan OKU Law Reform Group said the decision upholds the constitutional rights of all Malaysians under Art. 8 (1) of the Federal Constitution, regardless of ability, to seek public sector employment.
According to the facts of the case, Ch’ng B’ao Zhong, a counsellor on contract since October 2020, with the Ministry of Health (MoH) applied for a permanent position as a psychology officer.
He fulfilled the MoH academic criteria, passed the various screening stages, and was shortlisted for an interview but was not selected after the interview.
In 2022, he was issued an OKU card based on his diagnosis: autism spectrum disorder, level 1.
His disability does not affect his work performance, as evidenced by the 2,000 hours of counselling provided to over 1,000 patients.
In mid-2022, Ch’ng updated his disability status in his online government account with the Public Service Commission (SPA) portal.
In December 2023, when a vacancy arose, he reapplied for the same permanent position but was not shortlisted for an interview.
On many occasions, Ch’ng contacted the Human Resources Department of the SPA for clarification and was given a verbal indication that he failed to be shortlisted because he was an OKU card holder.
Ch’ng applied to the Penang High Court for a judicial review seeking a declaration that he had been discriminated against on the grounds of disability during the process of accessing employment in a public sector permanent position.
The basis for seeking the declaration was because the SPA decision was not consistent with Article 8 (1) of the Federal Constitution and Section 29 of the Persons with Disabilities Act, 2008 which guarantees equal access to employment.
Justice Quay ruled in favour of Ch’ng and declared that the SPA and government in considering any OKU application for employment in the public sector, must act consistently with Article 8 (1) of the Federal Constitution and section 29 of the Persons with Disabilities Act, 2008.
He also directed that the decision of the SPA and the government of Malaysia to reject Ch’ng’s application be quashed and that he be granted an online interview.
Quay also ordered that the SPA and government ensure that Ch’ng is not discriminated against based on disability in any of his future applications.
The group said this case highlights the many discriminatory barriers that persons with disabilities face in Malaysia and it is time for the government to urgently amend article 8 (2) of the Federal Constitution to expressly prohibit discrimination on the ground of disability. - January 17, 2025
