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Different treatment

meerkat
Member
Fri, 28 Jul 2017 10:14:13 AM  (Last updated: Fri, 28 Jul 2017 11:20:50 AM)

Hi there,

One of my company staff Z who work for 9 years was having some medical issue which he is unable to work since March 2017.

Under the company Employee Hand book there is a term Termination on Medical Grounds where company reserve the right to terminate the contract of employment upon written medical opinion by panel or government clinic or hospital.

However, due to his long service, company give him special treatment by continue to pay his salary in full until now.

My question is, in future if other staff who facing the same situation like Z. Can company follow the Employee Handbook term, which is without the special treatment as what Z get. Can other staff use this Z case to request company for the same treatment?

SuharinKL
Contributor
Fri, 28 Jul 2017 10:38:39 AM
Originally posted by meerkat on Fri, 28 Jul 2017 11:20:50 AM

Hi there,

One of my company staff Z who work for 9 years was having some medical issue which he is unable to work since March 2017.

Under the company Employee Hand book there is a term Termination on Medical Grounds where company reserve the right to terminate the contract of employment upon written medical opinion by panel or government clinic or hospital.

However, due to his long service, company give him special treatment by continue to pay his salary in full until now.

My question is, in future if other staff who facing the same situation like Z. Can company follow the Employee Handbook term, which is without the special treatment as what Z get. Can other staff use this Z case to request company for the same treatment?

Hi there,

Allow me to address your question as follows:-

1. In the given situation, the Employer may terminate the said employee. In legal terms, we call this as 'frustration of contract'. In other words, the contract of employment is frustrated and/or can no longer be performed due to unforeseen/ unexpected event Ex: illness, operation of law etc.

2. However in such given situation, the Industrial Court had decided in numerous cases that the Company/ employer ought to look for any other available/ alternative positions in the Company before terminating the employee. 

3. TAKE NOTE of the agreed procedure mentioned in the employee handbook or any other company's policy on this issue. If none, the company/employer may adopt point No.2 hereinabove.

Hope the above clarify your question.

suharinsulaiman@gmail.com

meerkat
Member
Fri, 28 Jul 2017 11:02:36 AM

Thank you very much for you prompt advise.

Just need to get some clarification. Now company only give special treatment to this staff by paying him full salary (did not go according to the Employee Handbook). Let say in future, can other staff facing same situation request the same special treatment by quoting this case? 

SuharinKL
Contributor
Fri, 28 Jul 2017 11:11:51 AM
Originally posted by meerkat on Fri, 28 Jul 2017 11:02:36 AM

Thank you very much for you prompt advise.

Just need to get some clarification. Now company only give special treatment to this staff by paying him full salary (did not go according to the Employee Handbook). Let say in future, can other staff facing same situation request the same special treatment by quoting this case? 

We cannot stop other employees to request the same treatment. But no case will be exactly the same, hence use the difference(s) to justify whatever the Company's decision.

Most importantly, in the future follow the law and policy of the Company and not the past-practice of the Company (which not accordance with the company's policy).

Regards,

suharinsulaiman@gmail.com

meerkat
Member
Fri, 28 Jul 2017 11:20:50 AM

Fully understood. Thank you very much.

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