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Disapproved leave

Giny Yap
Member
Fri, 26 Nov 2010 10:08:05 AM  (Last updated: Mon, 04 Apr 2011 11:26:25 AM)

Hi,

If the management already annouce that during Dec is the peak season, all the staffs have to be standby on duty,

but the staff still apply leave for continuos 4 days during the peak season  and it will caused other staffs additional work load during his absent,

1) pls adv did the management have the right to reject his leave ?

2) if the staff not come to work during that 4 days even his leave been rejected, the management can deduct his absent days as unpaid, right ?

3) beside of that, what other action that the management can take against him ? can the management issue him a warning letter and suspended him or any other suggestion ?

Appreciate for your valuable advice in regards the above.

Thanks

KL Siew
Administrator
Fri, 26 Nov 2010 04:42:33 PM

You may consider taking disciplinary action according to Section 14 of the Employment Act.

Kamelia Shamsuddin
Member
Sun, 03 Apr 2011 10:12:01 PM

Hi,

I am writing this on behalf of a friend who is currently a lecturer at a prominent university in Cyberjaya. Recently, she discovered more than RM2k of her salary missing. When she asked the HR dept about it, they replied that her MCs recently were not approved by her supervisor, thus were recognized as unpaid leave instead.

The MCs were legitimate MCs, approved by clinics appointed by the University. She then received information that her annual leave will need to be approved by her own students, after they collectively sign off a form on top of her supervisor’s approval.

A few months ago, her pay was also deducted over a period of time due to “poor performance”, but no concrete reason was given for her to better herself.

It is believed that her supervisor has a grudge against her, since she revealed to the management a few years ago that this woman has been fleecing the company’s money. She was transferred to another department, but has since been transferred back. She has been a thorn on my friend’s side ever since.

Complaints to HR and to the president have fallen on deaf ears. Throughout this, she has gone above and beyond to perform her duties and has exhausted all avenues within the University to fight this injustice. Her supervisor at the same time is believed to be building a case against her with the HR dept, with a thick record of her “incompetence” within her employee records.

My question is:

1)     1) Can legitimate medical chits be rejected by the supervisor, and converted to unpaid leave?

2)      2) Can this be done without prior notice given to the employee?

3)      3) Can annual leave be approved by persons other than your supervisor? (in this case, her own students)

4)      4) Can the employer deduct one’s pay due to poor performance without due counseling or specific reasons?

5)      5) What are her chances in taking legal action against her employer/supervisor who are obviously out to terminate her, with her existing records with the HR department?

6) 6)     Please let me know what are the avenues she can take to bring her employer to court, or to relevant authorities.

KL Siew
Administrator
Mon, 04 Apr 2011 11:26:25 AM

Kamelia,

Before she joined the University, she should have all the terms and conditions of service pertaining to sick leave, annual leave, maternity benefit and so on properly put into the contract of service. Now, without those written terms and conditions, I don't know how is she going to enforce them. The Labour Department may not be able to help as she is not covered by the Employment Act. For termination of service, she still has venue of recourse. She can complain to the Industrial Relations Department in the event her service is terminated.

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