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Notice of Termination

Asker
Member
Fri, 25 Nov 2016 11:47:57 AM  (Last updated: Wed, 30 Nov 2016 02:43:18 PM)

Ms Amy had tender her resignation and her last working day is on 8th Jan. She still have 9 days leave and her employment (company A) after the deduction last day should be 22nd Dec. Her new employment (company B) want her to join on 27th Dec.


My question is :

1. Can Amy join company B on 27th Dec?

2. Is she still belong to Company A employment during the offset?

3. Any action can be taken by company A to Company B if she join on 27th Dec?

Looking forward to your reply. thanks

KL Siew
Administrator
Fri, 25 Nov 2016 03:08:00 PM

Do you see any reason why her company should do that since she has already resigned and left? Will the company admit liability for sick leave with pay or whatever that happened after that? I am not so sure, give a call to the Labour Department see what they say.

Asker
Member
Fri, 25 Nov 2016 05:21:01 PM
Originally posted by KL Siew on Fri, 25 Nov 2016 03:08:00 PM

Do you see any reason why her company should do that since she has already resigned and left? Will the company admit liability for sick leave with pay or whatever that happened after that? I am not so sure, give a call to the Labour Department see what they say.

Amy current still working in company A, Company A encounter offer Amy but Amy rejected the offer and told them that she will join company B on 27th Dec. So the company A told Amy if she start work on 27th Dec they will take action to company B to repay them for the as buyout notice period for 27th Dec - 8th Jan. 

Can company A do so?

KL Siew
Administrator
Sat, 26 Nov 2016 08:30:03 AM

What you can do is not to involve company B, you pay from your own pocket compensation for period from 27 Dec to 8 Jan.

Eve
Member
Wed, 30 Nov 2016 02:43:17 PM

Good day!

Staff A recently received his 'notice of termination' via email from his Manager with no reason provided.

It started upon the 3 months’ probation ended on 1 June (from hired date), Staff A did not receive any form of updates on his job status if he has been confirmed or not. Which thereafter, Staff approached Manager and then only be notified verbally that his probation has been extended further from 3 to 6 months. Manager has been giving verbal feedback to Staff A, for not able to meet his expectations and performance was not up to mark, etc.. However, Staff A had never been issued any forms of writing like show cause/warning/appraisal performance to further improve his performance towards ‘Confirmation’ status throughout the probation period of 6 months. Having said that, Staff A was very committed and working hard towards completing his tasks. Staff A maintains good attendance record with very few sick leave and no emergency leave taken although he was not entitled to any annual leave during probation.

Upon the 6 months’ probation dated 30 September, again, Manager did not inform status till 2 weeks later on 14 October, Staff A has been notified that he is terminated without any reason indicated in the email.

1.         Is it proper to issue a notice of termination via email without signature?

2.         Can a termination notice be issued without any reason given to Staff?

3.         Upon 30 September (Upon extension to 6 months’ probation)

a.         Can probation be extended once more with/without notifications? (Although offer letter stated 3 months or longer (sounds so vague like infinity??..)

b.         If Manager did not revert status upon the extension of probation ended after 6 months, Staff’s status should automatically be considered a ‘Confirmed Staff’ - since there isn’t any issuance of  warning/show cause on misconduct or not performing during probation period.

Is my statement correct?

4.         Staff A did not receive any form of KPI/Work list/Show cause/ warning/ performance review in order to further improve his performance during the probation, Except through verbal only. Is this right and proper for Manager/Company issuance of termination?

5.         For (4), If it is not right, can Staff A take further action against Manager to Industrial court for termination without reason?

6.         What would be the common breaches of Company based on above scenario and penalty?

  This topic is closed