Malaysia: Construction co. Beaks response to SLAPP legal claim amid allegations of recruiting 600 Bangladeshi workers left without work or pay; incl. rejoinders
In March 2024, Bangladeshi outlet The Daily Star published a report alleging the company hired about 600 Bangladeshi workers to work in Malaysia but did not provide any with work or pay. Workers being housed in a hotel that they could not leave under penalty of becoming undocumented, while their passports were in the company’s possession. The workers said Bangladesh high commission officials had visited the hotel where they were staying but had not resolved the issues.
Business & Human Rights Resource Centre contacted Beaks to invite them to respond to the allegations raised by the workers. The company addressed the contents of the report and stated it had always provided workers with food, accommodation and welfare facilities. Their response can be read in full below.
Throughout March, migrant workers filed labour complaints with police, alleging labour violations on the part of Beaks and its subsidiary Suria Harmoni; the companies claimed the allegations were untrue. On 27 March, Beaks and Suria Harmoni filed a defamation case against news outlet Malaysiakini, Svaranjani Manickam, and representatives of Parti Sosialis Malaysia (the Malaysian Socialist Party) after PSM filed a police case in connection with the arrest of three migrant workers who had refused to withdraw labour complaints made against Beaks. On the 2 April, the company obtained an ex parte injuction that was then denied by the Shah Alam High Court on 19th April and ordered the company to pay damages.
The Resource Centre determined the legal claim bears the hallmarks of a Strategic Lawsuit Against Public Participation (SLAPP) and has included the case in our public database. We invited the company to respond to the inclusion of the lawsuit; their response can be read below. PSM provided a rejoinder to this response in May 2024 which was followed by a third response from Beaks and a second rejoinder from PSM in July 2024. All responses and rejoinders can be read in full below.