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Calling an important company officer whose name is officially not in any internal memo as a witness in Industrial Court

Saleh87
Member
Sun, 15 Jul 2018 09:15:00 PM  (Last updated: Tue, 17 Jul 2018 01:44:50 PM)

Hi,

My unfair dismissal case has finally been registered on the Industrial Court's website this week after 4 long months of waiting although the date is not immediately known just yet. 

I am preparing myself for the hearing. One of the things I wish to get advice on is in regard to the REAL boss of my former company. He is a foreigner and has always maintained a low profile, hiding his real identity from all the staff, except for the Malaysian Director and GM of the company, who is his proxy. I don't know his real name and his real country of origin, although he said he was originally from China and has since migrated and working in Canada. It is hard to know for sure.

It was him who wanted to fire me and got the Malaysian Director and the HR Manager to do the dirty work for him. I bruised his ego in a meeting in front of the HR Manager and the Malaysian Director and I think that's why he wanted to get rid of me, instructing the HR Manager to cook up a list of misconducts, mostly minor, to get me legally fired. I got a suspension letter the following day. Fyi, his name is not on any internal memo but the all the staff know that he is the one who is making the decisions and calling all the shots.

I got his voice on audio recording which I intend to use in court to prove that the decision to fire me was an afterthought due to the humiliation he endured as a result of my challenging his decision on a sales dispute between my colleague and me. He did most of the talking in the meeting although the Malaysian Director was also in the meeting. The HR Manager and me also could be heard talking in the secret audio recording.

My questions are:

1. As I don't even know his real name, how do I even call him as a witness to appear in court to answer my lawyer's questions?

2. Do I need to prove that he is the real boss and that the Malaysian Director is just his proxy? If yes, how do I do that?

3. I understand that audio recordings are admissible in court. My concern is that their lawyer will say that the audio recording is not genuine. How do I go about convincing the judge that the recording is genuine and not doctored, assuming that this is the worst case scenario? Fyi, I have made a police report regarding the secret audio recording which is in English and I even got it certified and transcribed ( I did the transcription myself ).

Are there any other issues which you foresee regarding this scenario which I neglected to see and point out? Kindly advise.

Thanks,

Saleh

KL Siew
Administrator
Mon, 16 Jul 2018 03:24:47 PM

I think you should personally go to the IR department where you first filed the claim and get advice from the officer there. In my opinion, you have most probably made your claim for reinstatement or whatever against the company and not against any particular person.

Saleh87
Member
Tue, 17 Jul 2018 08:20:10 AM
Originally posted by KL Siew on Mon, 16 Jul 2018 03:24:47 PM

I think you should personally go to the IR department where you first filed the claim and get advice from the officer there. In my opinion, you have most probably made your claim for reinstatement or whatever against the company and not against any particular person.

Hi,

It has gone past conciliatory talk stage. It wasn't successful.

Now that MoHR felt that my case has merit and has referred my case to the Industrial Court, I am just trying to think 2 steps ahead and prepare for my day in court. 

I am just thinking of how to introduce evidence in court and witness(es) which I think are difficult to call, given the circumstances. My concern is that the foreign boss will suddenly do an MIA like when he did during my Domestic Inquiry. He instructed to HR Manager to tell me that he would be away overseas indefinitely to avoid being present at the Domestic Inquiry.

Any advice on this scenario, rather than going back to IR as it's already past that stage?

Thanks,

Saleh

KL Siew
Administrator
Tue, 17 Jul 2018 08:48:20 AM

I think it would be most useful for you to do some research in the Internet about industrial court procedures and so on. I came across a chart that gives some rough idea about the process. Anyway, when the time comes for hearing, you may have to get a lawyer to present the case for you.

Chinoz
Member
Tue, 17 Jul 2018 08:52:38 AM

1) Normally a witness will testify for which party that he support. Therefore, it will the company that need to call him and your lawyer will later to do the question to raise doubt for the witness credibility.

2) As per you said, the reason for you to be terminate is without basis or minor issue that normally will not result in termination. It is company burden to proof that all your misconduct will warrant them to terminate you.

3) Firstly, they need to conduct proper procedure like show cause letter, domestic inquiry before terminate you. The company NEED to present their evidence in front of you during the domestic inquiry without it the inquiry is invalid. Without all this, your dismissal more or less is unfair and unfair dismissal will award compensation for you.

Saleh87
Member
Tue, 17 Jul 2018 01:44:50 PM
Originally posted by Chinoz on Tue, 17 Jul 2018 08:52:38 AM

1) Normally a witness will testify for which party that he support. Therefore, it will the company that need to call him and your lawyer will later to do the question to raise doubt for the witness credibility.

2) As per you said, the reason for you to be terminate is without basis or minor issue that normally will not result in termination. It is company burden to proof that all your misconduct will warrant them to terminate you.

3) Firstly, they need to conduct proper procedure like show cause letter, domestic inquiry before terminate you. The company NEED to present their evidence in front of you during the domestic inquiry without it the inquiry is invalid. Without all this, your dismissal more or less is unfair and unfair dismissal will award compensation for you.

Hi Chinoz,

As the foreigner boss's name doesn't appear on any internal memo or any official company documents, and I don't even know his real name, how do I even go about requesting for his presence in court.. That is my question..

This witness is very important as I have the secret audio recording on the day before I got my suspension letter which will explain or prove that the reason for my dismissal had nothing to do with the list of misconducts ( most of them minor ) but had everything to do with the fact that the boss was embarrassed in the meeting when I proved him wrong about something. He just wanted to protect his ego and by dismissing me, he doesn't need to face me in the office every day.

I hope you understand my dilemma.. The bottomline is this; how does the court subpoena for this witness to appear in court when I don't even know his real name or passport number or any personal identication number?

Any advice?

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