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Forum Subject : Termination of Contract - Resignation, Dismissal, Retrenchment, Retirement, Medical Board Out, etc.
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Message Date : 1 Sep 2010 12:30:31 am
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| Member : |
limchenghoe |
| Join Date : |
8 Aug 2007 |
| Location : |
Selangor |
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Dear Consultant,
1) What options does an employee has against the employer for unfair dismissal besides the Industrial Court?
2) If he has proceeded with the Industrial Court but without success, is there any other subsequent recourse against the employer?
Please Advise,
Thank you,
Lim2010
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Message Date : 24 Mar 2010 08:03:09 am
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| Member : |
bkay11 |
| Join Date : |
20 Jul 2006 |
| Location : |
Selangor |
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I am signed the Letter of Offer to join a new company after gone through the medical check. Now my current employer is counter-offer me with the better offer. If I stay in my current company, can the new company bring me to court for not joining them after signing the offer letter? The letter of Offer stated that the termination notice during probabtion period is 1 month, am I considered under probabtion now if I am only expected to join the company in 3 month's time? |
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Message Date : 21 Jan 2009 10:44:14 am
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| Member : |
gilmoregirl54 |
| Join Date : |
21 Jan 2009 |
| Location : |
Wilayah Persekutuan |
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Dear All
I really need your opinions or helps here...
1. Can a company stop me or not to accept my resignation even i have given 1 month notice as per contract. When i tried to explain to the boss and inform him about my last day, the boss just ignore me and told me he has no time and will discuss this matter if the HR and my team leader are in the office, which means 3 of them must be in the office. But now they are avoiding me...if he is in the office, the HR will take mc...
2. The company also refused to give the released letter even after numerous effort to ask for the letter. My boss just ask me to leave the office and ask me to do what ever i like..when i try to explain things, he said he doesn't have time and ask me to leave if i want to leave the company but they will not give the released letter..and now my boss told me yesterday that they will released the letter if i can find someone who can replace me and the boss has asked me to stay longer and train the staff then leave..
My problem here, i have to start work in the new company by February 9, and today is 21 January already..it is impossible to find the staff and i have given them enough notice (1 month) as per contract.
3. Can the company hold the released letter even i have given enough notice (1 month as per contract) and offer to work for free for them if they can release the letter ...because without that letter i couldn't work with other company
4. Is the resignation valid if i email the resignation and put the hardcopy of the letter on his table (because he was outstation and not sure when will be back when i tender my resignation)...
Now i am stucked and I really need your urgent reply, because i do not know what to do now....
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| The Consultant says...Let's see if any member out there could offer their advise. In the alternative, you may refer your questions to Private Consultation. |
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Message Date : 19 Jan 2009 04:10:35 pm
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| Member : |
Patricia |
| Join Date : |
19 Jan 2009 |
| Location : |
Selangor |
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Hi, i need urgent advice. Hope that you can help. I have a meeting with my ex-employer and the IR this week. it is 4 pm, Monday 19th January 2009 today.
I was served with an immediate retrenchment notice 3 months ago, but i was the only person retrenched. The issue is a little bit complicated. (I converted, decided to wear the head scarf- on Friday, was served the letter on Wednesday) This is a sensitive issue, and of course not in black n white. Well, the reason stated was that since i was the key person in-charge of the program and it was not raking in money, they had to let me go. i was there for 2+ yrs In all purposes they gave me my Salary in accordance with the Labour Law. ..I would like to know what i have to equip myself with, apart from documents - i was given a raise, 1 month before they retrenched me (mind you, it was...here take this letter and leave) and they hired staff in May/June as my assistant had to leave.
Thank you for your patience, and anxiously awaiting some answers.
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| The Consultant says...Let's see if there is any member out there who could advise you. Alternatively, you could go to Private Consultation. |
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Message Date : 6 Nov 2008 02:56:16 pm
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| Member : |
kep204 |
| Join Date : |
27 Feb 2008 |
| Location : |
Selangor |
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Dear All,
I would like to issue a "Poor Performance Letter" to my employee. Could anyone can share with me what's the actual term called in B.M?
Thank you in advance. |
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Message Date : 23 Oct 2008 05:32:46 pm
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| Member : |
affeyee |
| Join Date : |
15 Jul 2008 |
| Location : |
Wilayah Persekutuan |
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The Consultant says...Please be reminded that this is a public forum and it is not nice to wash dirty linen in public. Will appreciate if you can be discreet with identities of all parties involved.
Hi All, i appologised for the inconvenient caused. as the event happened very fast, my intention was to get a more accurate feedback the shortest time possible.
anyway, just to share with all, what we have gone through painfully this 2 months.
as 2 months had passed from the day it happened. we have seek consultation and have filed the case under termination simpliciter to seek reinstatement.
we have submitted our documentations and records to IR and has since went into mediation with the company involved. i would like to state a point that, we are not of any intention to discredit the company that was involved, as we are employees seeking remuneration for our services rendered for our livelihood, a harmonious working relationship with our employers is something we appreciate.
in this case, during the mediation process, where all the parties involved. our contention is to request the company to prove that she had indeed performed below expectations. however the representative from the company, did not appear to prepare any documentations but to only presence with the HR Mgr and a Legal representative from canada. As i understand the burden of prove lies with the Company.
the first statement that is made by the HR mgr was they are not considering reinstatement and also not considering compensation. which in my opinion is not in the spirit of promoting a harmonious industrial relationship in this aspect. it is very disappointing.
as a HR Mgr for a Foreign based company, i expected a more professional response in the effort to mediate the situation than the 2 statement made.
at the end of the mediation process, the verdict is awarded against the company. it is also interesting to mentioned that apart from my fiance's incident, there were 3 other cases where performance under expectations were the reason for dismissal including the HR mgr himself.
though verdict were in our favour, but damage has been done mentally and emotionally and not to mention financially as we are merely a wage earner for our survival with a proper due process for appraisal.
thanks.
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Message Date : 24 Sep 2008 07:15:00 pm
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| Member : |
shana |
| Join Date : |
24 Sep 2008 |
| Location : |
Wilayah Persekutuan |
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I hv been working for contractor since 1996, few years ago, i was employed by a company in subang jaya. Tat time, this company did not have a contract department, and my job function, is to set up the department and get thru ISO certification. Therefore, during interview, I was employed as office based without site allowance. When I signed my letter of offer, there was a clause "including site evaluation and site meeting", although I requested to change the clause, but the management told me that it was just a standard format and do not represent anything at all.
During my employment, I realise that I dun hv any assistant at all, so, my scope of work would be from filing, typing, tender costing, budgeting, project claim and certification (both client and sub-contractor), sub-contract preparing, ISO meeting, site evaluation and even monthly cashflow.
That time, total projects I was handling about 40 (imagine I hv to prepare claim and statement of account to the client, site valuation and sub-con certification), and each month, there were almost about 20 tenders/quotations to submit all with dateline.
After all these hard work and the ISO certificate was safe in hand. My boss 1 day ask me into his room (giving all the staffs half year evaluation and I happened to be the 1st in his room), he gave me poor grade for my performance and accused me of not cooperative, when I cried and denied, he still wrote in the report whatever he thinks was so right and ask me to signed. (in order to keep my job, I signed). Much later, he gave me the 1st warning letter saying that I did not complete a certain work which was not true. Then later, he gave me a second warning letter saying that I gossip about my superior. (but we also gossip about our MPs right?).
After this two warning letter, he send all the staffs to a motivation seminar except me in Genting Highland, then, he gave all the staffs bonuses and increments except me. And everyday he will find faults with me and scold me in front of others with harsh words.
In the office, everyone keep a distance and dare not talk to me. Though some of my friends ask me to resign, but, I hang on because I felt that I did not do anything wrong in the company. Much later after CNY, he called upon me into his room and told me to resign as he noticed that I was not happy working. But after I told him that I like working there, he threatened me that if I refused to resign, he will "gain" evidence and he knew an ex-labour officer who is well verse in this situation, to dismissed me from the company. Two days later, after I refused to resign, the company gave me a letter of charge, stating my "wrong doing" to the company, and I was fired without compensation.... more than 3 years now... my case is still in court....
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| The Consultant says...As your case is currently under trial in Court, it is inappropriate to comment your case publicly in this forum, as doing so would constitute sub judice, which can be an offence in itself, leading to contempt of court proceedings. |
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Message Date : 19 Sep 2008 01:16:46 pm
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| Member : |
roslishirlin |
| Join Date : |
15 Sep 2008 |
| Location : |
Sabah |
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hilmimhs,
what is the contents of that clause?
I believe it's the same
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| The Consultant says...Roslishirlin, thanks for your active contribution in this forum. |
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Message Date : 19 Sep 2008 12:21:26 pm
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| Member : |
hilmimhs |
| Join Date : |
19 Sep 2008 |
| Location : |
Terengganu |
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Hi Consultant,
It is "probation" same as "evaluation period" ? .. because in my contact it not mentioned probation but it stated evaluation period..
Thanks
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| The Consultant says...As correctly asked by Roslishirlin, please spell out the entire "evaluation period" to enable it to be evaluated. What is more important is the "content" and not the "label". |
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Message Date : 16 Sep 2008 02:22:51 pm
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| Member : |
cassie |
| Join Date : |
16 Sep 2008 |
| Location : |
Wilayah Persekutuan |
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Hi
I have this HR problem, we have a staff who resigned a few days after her maternity leaves started. She doesnot want to work after her maternity leaves.
I have three versions of advices:
1. She needs to serve her two-month resignation notice after her maternity leaves completed. In which her maternity leaves and resignation notice will be paid fully.
(Note: In which, we prefer as we are very short handed with her sudden decision)
2. She serves the company two-month resignation notice concurrently with her two months' maternity leaves, which will be paid.
(note: the colleague wanted this)
3. Offseting her resignation notice with her pay from the two-month maternity leaves, as she does not want to serve her resignation notice (working).
Kindly advise.
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| The Consultant says...Which version do you think is most appropriate, and why? Let us know your views. Don't worry about making mistakes as we are all here to learn. |
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