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Termination

JAMUNA KUMARAGURU
Member
Tue, 22 Jul 2014 12:28:33 AM  (Last updated: Fri, 25 Jul 2014 10:34:29 AM)

Hi Admin,

Im seeking for your advice for the below matter.

I have joined this company on 16 March 2014. After 1 month by verbally they have confirmed by probation period and  told me that they will give me my letter of appointment soon. 

All of sudden, I have received this message from my Boss on 16th July as below:

Dear Jamuna,
After much thought and consideration of the current working environment, I am inclined to say that I have to let you go in search of other career path. It is not easy to make this decision, as you have been a valuable asset to the company. You may choose your leaving date as either 19th of July, which is this coming Saturday, or 26th of July, which is next Saturday. Huwaida has decided to take over the role of managing the cleaners after you leave. I hope you have gained valuable experience working with us, and I hope you will find a much better career path with the company that you join after this. I thank you for your services that you extended to our company. 
The leaves that you have taken so far will be nullified, which means no pay will be deducted from your salary for the leaves taken. And to show our appreciation to your contribution to our company, we will pay you full salary for July, even if you decided to leave on the 19th. 
Thank you and I wish you all the best in your future career. 

This message gives me a shock and pisstt off. My reply to my boss as below :-

Hi Dato,
Mail Noted.
No worries , I will follow your decision.
Thanks a lot for the opportunity given to me to serve your company.
Lastly , I would like to leave this company by end of today. 

Note: I will pass my office key & access card to the security before I go back.

Thank You so much.
Regards,
Jamuna

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Now, what i wanted to know is what they did to me is right?? Do i suppose to get pay just for 1 month only ?.Do I have the right to ask for my salary urgently and by cash?

Hope to hear from you soon. 

Thank You,

Regards,

Jamuna

KL Siew
Administrator
Tue, 22 Jul 2014 08:49:53 AM

The notice given seems to be inadequate, should be a month notice. Ask to be paid up to 15 August at least. If things could not be settled amicably, you may have to bring the matter to the Labour Department.

DnH
Member
Thu, 24 Jul 2014 11:19:53 AM

What is your salary? If you fall under the Employment Act there is a minimum notice period required.  If not, it will be governed by your contract of employment so you should check what is the notice period stated there.

KS
Member
Fri, 25 Jul 2014 03:04:38 AM

Hello,

I am seeking your advice on my recent dismissal.

I have been working with a multinational company for 8 years. And my basic salary is RM7000. I was dismissed this past wednesday as my company charged me with misconduct for questioning my immediate superior for not allowing me into an important meeting.  To give you a quick background, my relationship with my immediate superior became sour since last year due to my questioning him of unethical conduct in artificially enhancing performance results. Subsequently, he has put me under a performance improvement plan with unreasonable targets and often leave me out of important meetings or calls with stakeholders.  I have voiced out previously to my HR as well as higher management, but was told to just follow the improvement plan.

My recent incident was once again related to my insistence that I should be allowed in a meeting that my immediate superior refused to let me in.  Absence of my attendance would directly complicate work flow and once again put me in the dark, which my immediate superior would use the reason for my poor performance. At the same time, there is an ongoing tax investigation that is related to this meeting. As a result, I demanded to attend the meeting, in which he then alleged that I acted aggressively with insubordination and violated standard of business conduct.  I was given a domestic inquiry and after suspension of 2 months, I was informed of my immediate dismissal.

I would like to find out if I have grounds for:

1. Unfair/unlawful dismissal

2. Malicious intent to discriminate

Looking forward to your response.  Thank you in advance.

KL Siew
Administrator
Fri, 25 Jul 2014 09:48:39 AM

In that case, the Industrial Relations Department is the place where you can seek redress.

DnH
Member
Fri, 25 Jul 2014 10:34:29 AM

Dear KS,


There are a lot of factors to be considered as to whether your employer has, under the law, fairly dismissed you. For example, it is also very important how they handled the domestic inquiry: did they give you a chance to defend yourself? Who were the panel members? Were you given enough time to prepare? Were you given a copy of the notes of proceedings from the domestic inquiry?

It also depends on your conduct when dealing with your supervisor. Generally, insubordination is considered misconduct but of course it depends on the facts and circumstances of each case and how the employee handled the discussion with the superior. 

In any event, you can file a representation under S20 of the Industrial Relations Act by going to the IR department in your state and filling in the form and providing them with the necessary information. You have 60 days to do this from the date of dismissal, if not you lose your right to file a claim.

Since your case may involve details which you may not necessarily want to share in a public forum, am happy to discuss further with you if you let us know how to reach you.

All the best!

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