RegisterLog In

Can secret audio recording help in Industrial Court when awarding compensation?

adam69
Member
Wed, 07 Mar 2018 10:23:33 PM  (Last updated: Fri, 09 Mar 2018 09:49:24 AM)

I was served with a Show Cause Letter and subsequently a Domestic Inquiry was held. I was later dismissed without notice. I noted that all the panel members in the Domestic Inquiry were company employees, who have worked less than 3 months, likely to be probationers, although 2 of them were from another department. There were NO independent members. I raised this up as one of the objections before the start of the Domestic Inquiry. I also signed the minutes of the Domestic Inquiry "under the basis of without prejudice and under protest".

Question 1: Can this be grounds to set aside the Domestic Inquiry and its findings later in the Industrial Court?

I secretly recorded my conversation with my GM when I went to collect the Show Cause Letter. My GM hinted that I would not be coming back to work in the audio recording. It seems that he had already decided on my fate even though I haven't responded to the Show Cause Letter and even before the Domestic Inquiry was held!

Question 2: Is my audio recording admissible as evidence in the Industrial Court? If yes, how do I ensure that this evidence is admissible? I already lodged a police report stating that I have this audio recording and that I intend to use it in a civil suit. I have also gotten the police report certified. I am in the process of transcribing it now. Do I need to get the transcript certified too? What else do I need to do? I think this audio recording is very important to show that the company is biased against me when they haven't even read my response to the Show Cause Letter. 

I am a confirmed staff. I started work on 3rd May and I was confirmed on 1st November. I was with the company for about 10 months when I got dismissed without notice ( 28th February ). My base salary is RM3,500 and I also make money from sales commissions which are recurring ( 1% and 3% ). I don't get any other allowances.

Question 3: What is the BEST case scenario and the WORST case scenario ( compensation-wise ) for me in Industrial Court? I have already gone to Jabatan Perhubungan Perusahaan last week to file a case for reinstatement. I don't want to go back to work and I have a feeling the company also doesn't want me back. I just want to be compensated for what I think to be unfair dismissal. What comes next? Can you walk me through the process?

Thanks,

Adam

SuharinKL
Contributor
Thu, 08 Mar 2018 10:55:46 AM
Originally posted by adam69 on Fri, 09 Mar 2018 09:49:24 AM

I was served with a Show Cause Letter and subsequently a Domestic Inquiry was held. I was later dismissed without notice. I noted that all the panel members in the Domestic Inquiry were company employees, who have worked less than 3 months, likely to be probationers, although 2 of them were from another department. There were NO independent members. I raised this up as one of the objections before the start of the Domestic Inquiry. I also signed the minutes of the Domestic Inquiry "under the basis of without prejudice and under protest".

Question 1: Can this be grounds to set aside the Domestic Inquiry and its findings later in the Industrial Court?

I secretly recorded my conversation with my GM when I went to collect the Show Cause Letter. My GM hinted that I would not be coming back to work in the audio recording. It seems that he had already decided on my fate even though I haven't responded to the Show Cause Letter and even before the Domestic Inquiry was held!

Question 2: Is my audio recording admissible as evidence in the Industrial Court? If yes, how do I ensure that this evidence is admissible? I already lodged a police report stating that I have this audio recording and that I intend to use it in a civil suit. I have also gotten the police report certified. I am in the process of transcribing it now. Do I need to get the transcript certified too? What else do I need to do? I think this audio recording is very important to show that the company is biased against me when they haven't even read my response to the Show Cause Letter. 

I am a confirmed staff. I started work on 3rd May and I was confirmed on 1st November. I was with the company for about 10 months when I got dismissed without notice ( 28th February ). My base salary is RM3,500 and I also make money from sales commissions which are recurring ( 1% and 3% ). I don't get any other allowances.

Question 3: What is the BEST case scenario and the WORST case scenario ( compensation-wise ) for me in Industrial Court? I have already gone to Jabatan Perhubungan Perusahaan last week to file a case for reinstatement. I don't want to go back to work and I have a feeling the company also doesn't want me back. I just want to be compensated for what I think to be unfair dismissal. What comes next? Can you walk me through the process?

Thanks,

Adam

Hye there,

Allow me to answer your questions as follows:-

1. The Industrial Court is not bound to follow whatever decision of the Domestic Inquiry. The proceeding at the Industrial Court will be trial de novo (from the beginning/ start afresh).

2. Audio recording is admissible and it is advisable to make the transcript (in verbatim) of the audio recording for ease of reference in Court during trial.

3. Best case you may be compensated with 24 months salary (if you are a confirmed staff) or 12 months salary (if you are a probationer) or the balance remaining contract (if you are a fixed term contract employee). Worst case is your claim is being dismissed by the Court but you may still appeal (by way of judicial review) against the said decision.

Hope the above clarify your queries.

Regards,

suharinsulaiman@gmail.com

H. Martin
Member
Fri, 09 Mar 2018 09:49:24 AM

Hi Adam, first I would like to say that the situation seems rather messy. I read clearly that you worked under the company for less than a year I believe? It seems like you are just wasting time and effort if you are looking for a huge sum of compensation. Why did you make a police report may I ask? Were you involved in CBT? I would like to know in order to further help you. From my side of the picture, I see something else. The board members could have been independent enough as they have only worked there for less than 3 months? This only means that they do not have any sort relations with you? 

  This topic is closed