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Does a second Termination Notice override the first Termination Notice?

ex-IFA
Member
Wed, 04 Dec 2019 02:41:18 PM  (Last updated: Wed, 04 Dec 2019 06:03:40 PM)

If employer issues an employee with a 1 month notice Termination Letter, with the intention of re-writing the contract and asking employee to agree it and sign it so it comes into effect immediately and therefore takes the place of the old contract (even though they now the employee is unlikely to sign it as it was their stipulated criteria for the original contract (less than 1 year old) not to have these clauses in prior to joining the company), then just ONE DAY LATER, the company issues another Termination Notice with immediate effect stating the reason as "continuously failing to comply with management instructions" - which is a lie, has no evidence of and has issued no warnings for - which Termination Notice, if either, overrides the other? As the company haven't stated the reason given in the second notice and in the first one, would that not mean that the second one can only refer to a reason the occurred between first issued and second issued i.e. 1 Day? But how could 'continuous failure to comply' happen in just 1 day? Both would be considered Constructive Dismissal or just the first one, with the second one being Unjust Dismissal? Which one of these is considered worse than the other, or are they both the same?

KL Siew
Administrator
Wed, 04 Dec 2019 06:03:40 PM

The second letter stands and the employee is entitled to bring the matter up with the Labour Department or the Industrial Relations Department.

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