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Company Termination of Employment

Juan
Member
Wed, 06 Aug 2014 03:17:31 PM  (Last updated: Tue, 12 Aug 2014 10:34:35 AM)

Hi,

I am here to seek for advise and comment. I received Company Letter of Transfer to Head Office, KL on 23 July 2014. I revert to Company with my reason for declining of transfer on 31 July 2014. On 4 Aug 2014, Company issue a Letter of Termination of my service for 3 years in this company for cause, effective 3 Sept 2014. In the Letter of Termination, mention being clearly stated in my Letter of Appointment, under clause that I am subjected to be transferred to any of the branch office in Malaysia as and when deemed necessary. Refusal of transfer is an act prejudicial to the interest of Company. In this case, shall I bring this matter to Labour Department. I need someone advise soonest possible.

Thank you.

Regards/ Juan

KL Siew
Administrator
Wed, 06 Aug 2014 03:57:41 PM

I think it would be better for you to bring the matter up with the Labour Department or the Industrial Relations Department and let them look into the matter.

DnH
Member
Thu, 07 Aug 2014 10:32:26 AM

Dear Juan,

Malaysian industrial law recognises the right of an employer to transfer an employee from one department to another (or from one branch to another) as it is the perogative of the management. However, there are restrictions on the right to transfer, for example the transfer cannot be actuated with an improper motive, the company had acted in bad faith, or the transfer is made for the purposes of harrassing the employee. 

If the company had a good business or commercial reason to transfer you, and it did not involve a demotion or reduction in your benefits, technically the transfer is legal and if you refuse the transfer this could amount to insubordination which could be misconduct warranting termination.

Whether you were justified in refusing the transfer therefore depends on the full facts of the case. You should consult a lawyer if you want a legal assessment on the merits of your case. Let me know if I can help further. Good luck.

Juan
Member
Fri, 08 Aug 2014 11:33:31 AM

Dear KL Siew & DnH,

Thanks for your both advise.

KL Siew
Administrator
Fri, 08 Aug 2014 02:00:28 PM

Juan, since you said you have been issued with a termination letter, I have to remind you that you may have bring the matter up with the authorities. This forum may not be able to solve your problems. If you think the termination is unfair, you might want to put in a claim for reinstatement in the Industrial Relations Department under the IR Act. You must do it within 60 days from date of termination.
 

Juan
Member
Tue, 12 Aug 2014 10:14:55 AM

I would just like to enquire that in my case of refusal to be transferred thus, termination of my service with the company. Is the company able to recruit me back later? Thank you.

DnH
Member
Tue, 12 Aug 2014 10:34:35 AM

That would really depend on your company, whether they want to rehire you or not. 

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