A judge has ordered SGD78,000 (USD57,765) in compensation to be paid to a family of a foreign worker who drowned when his forklift plunged into the sea.
Justice Choo Han Teck reversed an earlier ruling of the Commissioner of Labour who had denied the family’s claim, saying Ramu Ravichandran was "on a frolic of his own" when he died, Singapore’s Straits Times reported.
Ravichandran, 35, was driving the forklift when it reversed and fell into the water at a shipping terminal in Pasir Panjang on 26 December 2005.
The Manpower Ministry (MOM) originally ordered the forklift’s owners, Fongsoon Enterprises, to pay compensation to Ravichandran’s family who live in India.
The company appealed to MOM’s commissioner, contending that Ravichandran was not their employee but was hired by their foreman Muhamad Meera who was not authorised to hire workers.
The company’s lawyer, Jispal Singh,argued that Ravichandran was not asked to use the forklift the day he died and that the fact that Meera paid Ravichandran out of his own pocket or with petty cash was proof he was not the company’s employee.
On March 2007, the commissioner agreed with the company and said Ravichandran was "on a frolic on his own" and not working for the company when the incident occurred.
The judge, in reversing the decision, said the foreman showed "apparent authority" that led Ravichandran to believe he was authorised to hire workers. The evidence showed that Meera was in charge of the day-to-day running of the company’s work and seemed like he could hire extra hands. Justice Choo said there was no evidence showing Ravichandran knew Meera was using his own money or petty cash to hire him. There was also evidence suggesting that Foongsoon intended the forklift to be used that day.
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