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Immdiate dismissal for not working a lot of OT & compensation not paid after 1 month plus

Elpha
Member
Thu, 16 Jul 2015 04:11:13 PM  (Last updated: Wed, 22 Jul 2015 09:27:12 AM)

I had been hired as a manager with a local group of companies in last Sept, my immediate boss  who lead the admin and operation teams of group of privates companies  is the niece to the founder . Hence she is allowed to work from home, we need to compile volume of payments issued for entire group of 45 -60 companies for her review with necessary files and lists almost everyday. She has created few chat rooms in whatsupp to communicate our job, including inquiries, delegation and whatsupp her any documents at any point of time including  during office hours.

There were always administrative changes she like us to implement but she had neither make it transparent /clear nor with proper considerations .....hence it has invited inter-department conflicts, created doubt to us when we need to execute such instructions  and being restored to old practice without given reasons.  ​

My boss like her staff working OT including Saturday & Sunday though she has been empowered to hire more staff to her department which has been managed inefficiently under her management style. The office hour is until 5.30 p.m, I always left around 6.30pm --7pm in first  4 months during my probation. Then starting from 5th month, I left around 6 p.m in average by completing all urgent task, I never miss my deadlines though I didn't make myself  work or check the email once I stepped out  from the office.  

I was asked to do staff appraisal by her when I were 5th month with the company, I rated my staff 70% --82% out of 100% ......my boss could not accept they deserve such result . She requested another 2 managers ( 1 joined 3 months earlier than me who is not their direct supervisor, 1 joined 1 week later than me) to re-do the appraisal with these staff. She doesn't like them as they hardly work beyond 6 pm ++.  I have no objection if you see my appraisal of 5 months period with the team is lacked of accuracy, in fact they are quite independent and knowing their task well  after being with company for 1 -2 years ,  co-operative and not taking advantages of being lazy when i am just on board to the company. I did not question my boss for such double appraisal though I see she might be the best person to do the appraisal to the team.

There are other instances of changes she like us to implement but she had neither  make it transparent nor with proper consideration.....hence it has invited inter-department conflicts, created doubt to us when we need to execute such instructions  and being restored to old practice without given reasons.     

She does not grant me confirmation when my probation is due at end of March, I feel ok as I have been hunting for new job. 

My leaves taken from Oct 2014 to May 2015 is 0 -2.5 days per month including 3.5 days of MC & 2 days in lieu of public holiday fall in Saturday within period of 8 months plus.  

One afternoon in May, I sent in my MC application via email in office for  feeling sick & trembling since morning, I applied for 1.5 days with 2nd day would depend on recovery. In the next morning,  I whatsupp  the boss again in our department chat room for continuing MC since email application has been sent in before I left the office.  She immediately sent out strings of whatsupps warning us not to leave from job early, blah blah..blah.  

My husband had pre-booked our holiday in June 2014 before I joined this company, so I send in my application of annual leave of 3 days 4 weeks ahead before the vacation. In the 3rd day of my application before it was approved on 27th May , I was asked to leave at the end of the day by the boss with 2 weeks in lieu compensation.

<1> I wonder can I seek a justice from Industrial Relation Department ? how to do ? 

<2> As at today, 16th July I have not received any payment for my claims, compensation for  2 weeks in lieu notice and earned leaves until May 2015 of 4.5 days.  I wonder should I file a separate case with IRD in order to pursue such entitlement back?

P/S : I am sorry if I had been  lengthy ..... please correct me if I am wrong as I see the background information would be useful .  The reason given for such immediate dismissal is  "My profile is not matching her requirements"

Thank you for your advice

KL Siew
Administrator
Thu, 16 Jul 2015 04:28:50 PM

As you have mentioned, the Industrial Relations Department is indeed the proper venue for you to seek redress. Meanwhile, forget about your claims and the 2 weeks compensation for the time being and proceed with the IRD as soon as possible.

Elpha
Member
Thu, 16 Jul 2015 04:46:33 PM

Thanks for your prompt reply in brief.

Would you know if the new employer will able to find out such filing ?

I worry about any unfavorable impact to my new employement

KL Siew
Administrator
Thu, 16 Jul 2015 05:04:57 PM

In the IRD, you are actually going to make a claim for reinstatement under section 20 of the IR Act. With what had happened there, do you think that you still want to get back the job there? If not and you think don't have problems getting new employment, you can then think twice about going to IRD. Let the problems you faced in the company be a lesson so that you will not have such problems again with new employers. You decide.

By the way, you said they asked your to leave, did you get a letter from the HR?

Elpha
Member
Thu, 16 Jul 2015 05:22:34 PM
Originally posted by KL Siew on Thu, 16 Jul 2015 05:04:57 PM

In the IRD, you are actually going to make a claim for reinstatement under section 20 of the IR Act. With what had happened there, do you think that you still want to get back the job there? If not and you think don't have problems getting new employment, you can then think twice about going to IRD. Let the problems you faced in the company be a lesson so that you will not have such problems again with new employers. You decide.

By the way, you said they asked your to leave, did you get a letter from the HR?

The boss asked me to write the resignation letter which she manually acknowledged it at front page , I think I will not be able to seek any justice without having a letter from HR ?

Sorry , may I re-confirm your indication to my doubt ..................you meant new employer will able to find out from IRD if they approach the department ?

KL Siew
Administrator
Thu, 16 Jul 2015 05:30:06 PM

Then I presume you are still working there. If it is so, don't tender your resignation yet. You better go to your HR department and let them know your problems with your boss.

I am not sure whether any new employer will go to such an extend to find out.

Elpha
Member
Thu, 16 Jul 2015 05:41:41 PM
Originally posted by KL Siew on Thu, 16 Jul 2015 05:30:06 PM

Then I presume you are still working there. If it is so, don't tender your resignation yet. You better go to your HR department and let them know your problems with your boss.

I am not sure whether any new employer will go to such an extend to find out.

I was asked to write a resignation letter my own , then I left the company since that day.

I have not received  my compensation as agreed and even claims after 1 months plus, the HR has no power to that .  

FM turnover or even staff below FM with this dept is fairly high.

KL Siew
Administrator
Thu, 16 Jul 2015 05:53:36 PM

Since you have resigned on your own, going to the Industrial Relations Department is out of the question. You don't have to worry about new employer asking about your case there. Since you said HR has no power, ask your boss of your claims and the 2 weeks compensation. I doubt they will ever pay you, anyway, give it a try.
 

Elpha
Member
Tue, 21 Jul 2015 11:11:08 AM
Originally posted by KL Siew on Thu, 16 Jul 2015 05:53:36 PM

Since you have resigned on your own, going to the Industrial Relations Department is out of the question. You don't have to worry about new employer asking about your case there. Since you said HR has no power, ask your boss of your claims and the 2 weeks compensation. I doubt they will ever pay you, anyway, give it a try.
 

Hi, I would like to seek your opinion on if I proceed IRD on the matter that the company has not paid me after 7 week from the day i left the company?   Will this fall under scope that IRD will help ?

KL Siew
Administrator
Tue, 21 Jul 2015 11:21:08 AM

That is not a matter for the IRD. If your salary is not more than RM2000 you can go to the Labour Department (not the IRD) to make a claim for it.

kat
Member
Wed, 22 Jul 2015 09:27:03 AM

I had the understanding that if basic wage is more than RM 2000, Labour Dept will not get involve in all matters

But I was wrong. An officer in IRD told me that even is basic wage is more than RM 2000 we can go to Labor dept to seek claim

Pls advice

kat
Member
Wed, 22 Jul 2015 09:27:12 AM

I had the understanding that if basic wage is more than RM 2000, Labour Dept will not get involve in all matters

But I was wrong. An officer in IRD told me that even is basic wage is more than RM 2000 we can go to Labor dept to seek claim

Pls advice

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