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Constructive Dismissal

myHR
Member
Sat, 03 Feb 2018 08:33:01 AM  (Last updated: Sun, 04 Feb 2018 02:48:25 AM)
Hi all, I think I need some HR and legal advice for my situation here.  I got promoted to head a small unit within my department when new MD came onboard 2.5 years ago. There is no HOD. I have 2 staff under my care. My collegue has 8 and we both report directly to my MD. Last year she promoted my colleague as my department HOD and placed my unit under her care. My unit operates independently and kept a smooth operation before and after the transition. Some time in late Oct my HOD tasked me to deliver a health talk in our TV channel which I objected. I came to know the Allied Health Act is already gazatted in 2016 and only registered allied health workers can speak on health topic. I have submitted info on the full Act and legal brief that it is not enforced yet but will in due time. The offence for personal and company breach is severe with penalty and jail term. My HOD asked me to register which I refused as I clearly understand my jobs scope cannot meet the renewal terms and its only to buy time. The registration website is also under maintenance from the day I found it and at time of writing with no idea when it will be online. I also explained to my HOD such is not a winning strategy supported with all past data. To complete the task I offered to my HOD which she agreed for me to hire a freelance health speaker to speak while I cover my company part in the TV channel. This was done many years in the past when my MD headed my department. 1 of my staff then resigned. When I asked of a replacement I was told by my HOD MD requested her to reorganize my unit. The new comer will report directly to my HOD. My job scope will be reduced to 50% with 1 staff to support me. Apart from that, they are renovating our floor soon. Only my HOD will have a room to herself in future while I will have no room but to join lower ranking managers of my department in the cubicles, together with my staff. However, there are managers of my same ranking who do not have a room in other floors due to lack of room during their joining or promotion. No changes to that. When HR informed me they will start the hiring process I said its very degrading to me due to reduced responsibility and I objected. However my HR said I should be grateful to enjoy same package with a reduced workload. My HOD did not seek my agreement but just informed me that me and my staff will be repositioned as a new unit in same department while they are hiring an assistant manager who can do health training to report to her. In the last 2 months, I have submitted enough data that my success in the past was not from trainer strategy but other strategy. However the interview continues and I am asked to submit same goals this year until new hirer come on board then I will have reduced goals as briefed. Is my case considered constructive dismissal? Any advice for me to bring this to Industrial relation and what could be the outcome?  In the meantime, I am having challenges to find new job due to my expensive package (per recruiter). To stay on simply sucks so any advice to survive this is welcomed.
KL Siew
Administrator
Sat, 03 Feb 2018 10:46:23 PM

I think you should pay a personal visit to the Industrial Relations Department and have a detailed discussion with the officer there and get some advice as to what you should do in your case.

myHR
Member
Sun, 04 Feb 2018 12:04:01 AM
Originally posted by KL Siew on Sat, 03 Feb 2018 10:46:23 PM

I think you should pay a personal visit to the Industrial Relations Department and have a detailed discussion with the officer there and get some advice as to what you should do in your case.

Thanks Mr Siew for addressing my concern. Just wondering will my visit to IRD be recorded and logged case or can be an informal counseling basis? Currently I have not decided how to move so I would like to keep low profile. What should I bring along when visiting IRD? There has been no new JD issue to me nor email on the changes documented anywhere. I only have a whatsapp image of the new hirer JD when briefed by HRM.
KL Siew
Administrator
Sun, 04 Feb 2018 12:46:39 AM

Just have a chat with the officer there and get some insights of the case.  The IRD deals mainly with dismissal cases. When there is no termination of service involved, your visit will mostly be as you said on informal counseling basis.

myHR
Member
Sun, 04 Feb 2018 02:48:25 AM
Originally posted by KL Siew on Sun, 04 Feb 2018 12:46:39 AM

Just have a chat with the officer there and get some insights of the case.  The IRD deals mainly with dismissal cases. When there is no termination of service involved, your visit will mostly be as you said on informal counseling basis.

Many thanks for the guidance Mr Siew!

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