QUOTE(deeplyheartbroken @ Mar 12 2010, 11:06 AM)
Just want to ask whether can file constructive dismissal on a case like this;
Work as sales, marketing & product trainer (under sales department) in this company for 3 years+
First 1-2 year performance is good with constant credit from the MD & GM as well as overseas affiliates' colleagues.
However 3rd year performance dropped due to personal/breakups/family/health problem coupled with somehow frequent medical/emergency leaves (all within the limit).
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Then the company start its ploy;
1) Company has no focus job scope for the person; such as suddenly asked to do product trainer+marketing then suddenly asked to do general sales & commissioning.
2) Also the superior practice micro management on the person & asked for overly detailed weekly reports & figures.
3) Also simply give a warning letter (after the customer complaint) just because service department does not attend to a particular customer under the person's sales territory, despite the person already give 2 reminders to the service department. Also on a few cases, projects/customers given to the person handle was suddenly taken back, just because of a single mistake (which also caused by another colleague too). Hence making the person unable to achieve reasonable target for that 3rd year (hence the performance).
4) Superior also scaring the person with planning of changing his job scope again to indoor sales support (something like being demoted). In addition, the performance bonus reviewed by the superior dropped to a measly 0.2 months or something like that. Previously on 1st & 2nd year, the person got at least 3-4 months bonus.
5) Superior refused to approve claims submitted on the last day of submission by requested by accounts. The claim is total for almost 9-12 months. Cause of this last minute submission due to the superior impose rules of detailed reports must tally with the claims, hence causing the person to submit on last day. However, despite accounts department postponed the submission date, superior still don't sign & passed to HR to handle. The claims amounted to almost RM 10k. HR also delayed the case for months & never sign as well. The person also in debt to credit cards due to overly subsidizing the company.
6) When the person threathen to resign (as he cannot absorb or stand anymore), the HR & accounts head (while the superior now don't care & play cold war) offer to pay back only 50% of the claims. Somehow the person accepted due to urgently need the money. The HR & account also force the person to sign an agreement that he will not take the case to sue regarding the claim.
7) At last the person resigned & only got back 50% of the claims as well as his last month salary (with the offset of annual leaves left, he choose for earlier last day)
Anyhow, the person already resigned for some time now. So he probably can't file anything against the company, but just want to ask whether he got a chance back then. Please share.
wow a facewall!! haha
but from what i see...
1) performance dropped out due to personal issues...seems like what i've been through as well only not as bad as this person.
2) when performance goes down, one should always try to find ways to re hold your performance again. that is of course u still wanna keep the job.
3) what the company did sounds so much like a chinaman company
i think what i'm trying to say is that no, u cant do anything to the company UNLESS u did not sign the agreement letter for disabling you to sue the company. but if you hadnt sign it, u can actually bring this up to IR to file a complain. as you have the receipts of claims to proof your expenditure.
as for EL / MC problem, i think this is the person's fault as he/she shouldnt exceed or reach its quota. example, u have 14 days MC a year which means pro rated u can only take 1 1/2 days MC a month. unless justifiable why you take more than 3 days a month.
EL wise, well... it's pretty subjective as EL can possibly mean actual emergency nature hence u had to take. but if the person taken EL just because that person dont feel like working, then it's wrong also. either probably u had to lie your way on why that person take EL and the superior finds out the truth elsewhere.
All in all, based on the scenario, the person doesnt seem like committing to his job anymore, so in a way, resigning could do good rather than harm.
Mar 11 2010, 10:50 AM
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