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Terminate under probation without reason , need advise and example statement of case

Loh
Member
Mon, 13 May 2013 02:53:27 AM  (Last updated: Mon, 17 Jun 2013 05:11:29 PM)

I am working with a Public listed company .

I have been woking with this company 2 and half month still under probation, 24 hours termination notice for probation staff.

The company HR Group manager suddenly inform me on 16/10/2012 - at 5 pm (we work until 6pm) that I was terminate by company immediately without any reason.

My question is :

 1) My annual leave is 14 days per year , so the calculation for my balance annual pay should be entitle
    14 day / 12 months X 2 and half months = 3 days . or
    
14 day / 12 months X 2 months = 2 days 

2) They only calculate my salary until 16/10/2012 , but I think they need to pay me one more day salary because this is not 24 hours notice , I should get back my pay for this in lieu of notice , Am I right ?

3) I request before but this company didnt provide salary slip to me for the last month,  they just bank in my salary to bank account.

    I found that they didnt contibute EPF payment for my annual leave pay, without salary slip can I make complaint to EPF ?
    More that 6 months already , Am I still eligible  to make complaint ?

4) I already report my case to IR , and the case already forward to Industral court , The Court need me to submit " Statement of case" to them.
    Dear all friends with familiar with IR case, do you have any example of statement for me to refer ?


Anybody can share your advise to me ? Thank you very much. 




    

KL Siew
Administrator
Mon, 13 May 2013 10:27:55 AM

1. Since the agreed notice period is 24 hours, I tend to agree with you.

2. Your case has gone to the Industrial Court about 6 months from date of termination of serive, that is pretty fast. They usually take a long time even years for the case to come up there. You can contact the IR Department where you first lodged your complaint for advice on that "statement of case" thing. You may try to get some help from the Malaysian Trade Union Congress (MTUC) on that also. You can also consult a lawyer if you are willing to pay.

3. For EPF, you complain to EPF.

Loh
Member
Mon, 13 May 2013 04:22:42 PM

Dear Kl Siew,

Thanks for your reply。

That company also require me to work another 3 companies job。 (another 1 public listed company and 2 sdn bhd)(Not joint venture but same CEO)

can I write these issue in my statement of case ? Is It not related information or It can help to case ?)

what else information that I can add into my statement to support ? Hope to hear your reply。 

Thank you very much。  

mdkamil
Contributor
Mon, 13 May 2013 04:47:46 PM

4) I already report my case to IR , and the case already forward to Industral court , The Court need me to submit " Statement of case" to them.

In most circumstances employees bring their case to IR Dept when they believe that they have been wrongly dismissed by the employer. Therefore the employee file their case at IR Dept to seek for reinstatement to the said position under Section 20 IR Act 1967.

For that matter, your Statement of Case must substantiate the facts that lead to your dismissal, and that you did not do anything wrong against the company. Your Statement of Case must show that the company wrongly dismissed you.

KL Siew
Administrator
Tue, 14 May 2013 09:01:15 AM

Furthermore, you can get plenty of info in the Internet. Google with search words "statement of case" you will get plenty of articles that may be helpful to you. You can also go lto the Industrial Court web site to do some serious research.

Loh
Member
Thu, 16 May 2013 05:52:34 AM

Dear MDkamil & Kl Siew,

Thanks for the advice。 l

Loh
Member
Sun, 16 Jun 2013 08:51:53 PM

Dear Sir,

I already submit my statement of case to the court. on 15/5/13 (1st mentioned date).

And I re-submit another letter (Permohonan untuk sapina dokumen) to court on 3/6/13 for request the company provide my salary slip Oct 2012 and EA form 2012 as the proof of they didnt contribute EPF for my annual leave payment and payment in lieu of notice to me.

But I receive call from court on 4/6/13 , they told me they unable to issue form P to company for the request for sapina doc because they only able to do it after 2nd mentioned date (17/6/13). 

Tomorrow is the 2nd mentioned date. Any experienced can share or advise to me, so  I can safe guard myself.

Urgently need your help.

Thank you.

Regards,

Loh

 

 

Loh
Member
Sun, 16 Jun 2013 09:12:37 PM

Can i request jurubahasa together attend with me ? What they can help me ?

Loh
Member
Mon, 17 Jun 2013 12:28:39 PM

I just back from Industrial court, the lawyer from company didnt come。Because they are in Penang。

We at johor bahru wondering why company appointed Indian lawyer from Penang 。。 something fishy。

They should reply my statement of case by today but no original copy they only by fax to court。 So I still need to wait them courier.

Informed by judge from the statement they reply ~ they said I am the one who tender the regination letter 。。。 how can they “pusing ayat” like that。(I already attach declaration letter of status of employment to them (terminate me without reason and refuse issue termination letter) and acknowledge receipt the letter by HR assistant manager)


Got lawyer willing to make the false statement for them , what a shame on them。

Very sad 。。。

mdkamil
Contributor
Mon, 17 Jun 2013 01:15:06 PM

Mr Loh,

Since this case is already mentioned in the IR Court, it will not be fair for me to comment further. However, fyi cases like this can drag for quite a long period of time due to many reasons (example like you mentioned the lawyer didn't turn up).

My advice is for you to appoint a lawyer on your behalf. They know what to do.

Loh
Member
Mon, 17 Jun 2013 05:11:29 PM

The judge already fix the date 。“Bicara” will be on September。

  This topic is closed