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 Unlawful/Unfair dismissal

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Si kutu rayau
post Aug 8 2019, 08:52 PM

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QUOTE(humanisterz4804 @ Aug 8 2019, 08:37 PM)
Yes I don’t think they’ll reinstate me. But I don’t know for an alternative how much should I seek? I’m just thinking to get compensation in terms of worth/value until end of my probation period. Do you have any ideas how much usually people seek? Since I just been working for a month
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The labour department/ relevant authority will determine how and what is your compensation, not you.
ZZMsia
post Aug 8 2019, 09:03 PM

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QUOTE(wayton @ Aug 7 2019, 03:30 PM)
Just leave by mutual consent, insisting termination letter during probation period may even make worst the CV.

Future employer won't interest to know exact detail of your previous experience nor how your previous employer is bullying or not.
They may just see this person CV, even probation period cannot complete, but getting early termination.

Just "delete" this short period in the memory, and look like it never exist in the CV.

The rights? don't think worth the hassle.
Company can simply find tons of excuse to pinpoint a particular probation employee not up to task, mistake, flaw, throw you tons of impossible task, and eventually drag until probation period end.
Company is not required to turn a probation staff into permanent.

Max rights? work until probation period end (normally 3 months). <--- worth the "fighting" for?

It may be more productive to use the period and effort to find a better job or better company.
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This sums it up
ipohmali70
post Aug 8 2019, 09:06 PM

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QUOTE(humanisterz4804 @ Aug 8 2019, 08:37 PM)
Yes I don’t think they’ll reinstate me. But I don’t know for an alternative how much should I seek? I’m just thinking to get compensation in terms of worth/value until end of my probation period. Do you have any ideas how much usually people seek? Since I just been working for a month
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The reinstatement sum is your daily salary until judgement is passed.

In addition your company will likely get fined for wrongful termination.

No company can legally ask for your resignation, but they can dismiss you if only you have been

1. issued showcause letter and/or suspended
2. tried in a domestic inquiry

In that order.

For performance issues, a 6 month PIP - Performance Improvement Plan, may be served on you, where you have to meet reasonable stipulated performance targets within time frame.

I stand corrected.
wayton
post Aug 9 2019, 09:18 AM

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QUOTE(humanisterz4804 @ Aug 8 2019, 08:37 PM)
Yes I don’t think they’ll reinstate me. But I don’t know for an alternative how much should I seek? I’m just thinking to get compensation in terms of worth/value until end of my probation period. Do you have any ideas how much usually people seek? Since I just been working for a month
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If follow existing employment act
A retrenched/terminate employee entitled (for less than 2 years working)

Notice period of termination - 4 weeks
and
Termination benefit - 10 days wages for every year working.

This post has been edited by wayton: Aug 9 2019, 09:25 AM
TShumanisterz4804
post Aug 9 2019, 09:22 AM

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QUOTE(Si kutu rayau @ Aug 8 2019, 08:52 PM)
The labour department/ relevant authority will determine how and what is your compensation, not you.
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Have you gone this process? Actually they ask me in case of I’m not being reinstated what am I looking as compensation that’s verbally and also there’s another form to be written what’s solution from my side for upcoming mediation between me and my ex company.
wayton
post Aug 9 2019, 09:30 AM

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QUOTE(humanisterz4804 @ Aug 9 2019, 09:22 AM)
Have you gone this process? Actually they ask me in case of I’m not being reinstated what am I looking as compensation that’s verbally and also there’s another form to be written what’s solution from my side for upcoming mediation between me and my ex company.
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Normally, the department will offer mediation between. If both cannot agree, then department will advise following existing standard termination compensation.

Normally bridge is burned when employee filing dispute, still want to seek for reinstatement?

TShumanisterz4804
post Aug 9 2019, 09:50 AM

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QUOTE(wayton @ Aug 9 2019, 09:30 AM)
Normally, the department will offer mediation between. If both cannot agree, then department will advise following existing standard termination compensation.

Normally bridge is burned when employee filing dispute, still want to seek for reinstatement?
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Not at all. If this issue being brought to Industrial Court I’ll seek much higher compensation as well my lawyer’s fee and from I read Employement Act does cover up to 24 months backwages until judgement being passed for confirmed employee and probationary period up to 12 months. As for this mediation I’ll simplify the compensation for the sake of both parties. But 10 days totally never heard that one.
wayton
post Aug 9 2019, 10:19 AM

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QUOTE(humanisterz4804 @ Aug 9 2019, 09:50 AM)
Not at all. If this issue being brought to Industrial Court I’ll seek much higher compensation as well my lawyer’s fee and from I read Employement Act does cover up to 24 months backwages until judgement being passed for confirmed employee and probationary period up to 12 months. As for this mediation I’ll simplify the compensation for the sake of both parties. But 10 days totally never heard that one.
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Work 1 month probation, and hire lawyer for industrial court dispute? blink.gif


Si kutu rayau
post Aug 9 2019, 10:21 AM

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QUOTE(humanisterz4804 @ Aug 9 2019, 09:22 AM)
Have you gone this process? Actually they ask me in case of I’m not being reinstated what am I looking as compensation that’s verbally and also there’s another form to be written what’s solution from my side for upcoming mediation between me and my ex company.
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Yes, I've been there done that before. But represent my company which got sued by an employee. The labour department gave me a letter regarding how much amount to be compensated to that person.I asked the officer and my boss also consulted a lawyer. Both of them said that amount was determined by the labour department based on labour law. The employee only choose to be reinstated or salary compensation in lieu of notice period.

So at the end, we just pay him because that person was terminated by my general manager (boss son). Without informing me and the boss (his father). We didnt escalate the case to the court.
TShumanisterz4804
post Aug 21 2019, 03:04 PM

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Finally today after mediation I won my case against my ex employer at IRD and get 2 months compensation. Profit$$$$. So for all employee in Malaysia don’t ever scared with BS nonsense made in contract by employers. My victory today is a winning for all employees. Fight for your rights guys!!
mohdyakup
post Aug 21 2019, 04:15 PM

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QUOTE(humanisterz4804 @ Aug 21 2019, 03:04 PM)
Finally today after mediation I won my case against my ex employer at IRD and get 2 months compensation. Profit$$$$. So for all employee in Malaysia don’t ever scared with BS nonsense made in contract by employers. My victory today is a winning for all employees. Fight for your rights guys!!
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Seeeee ayam told you alreadyyyyy kan profit sudah.

So bila mahu belanja massage & spa? brows.gif
TShumanisterz4804
post Aug 21 2019, 04:53 PM

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QUOTE(mohdyakup @ Aug 21 2019, 04:15 PM)
Seeeee ayam told you alreadyyyyy kan profit sudah.

So bila mahu belanja massage & spa? brows.gif
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HAHAHA come JB bro. This case in JB. Tbh I made mistakes in opening my settlement. Should’ve open higher so when they counter will be better but I don’t wanna think much lah. 1 month goyang kaki get 2 months salary worth it la for me. Thanks for your help bro. I was surprised how fast IRD arrange appointment and how he negotiated during mediation so damn good in defending my rights. Just to note that not all govt department shitty in providing services. Thumbs up for Industrial Relation Department Malaysia 👍🏻
mohdyakup
post Aug 21 2019, 04:57 PM

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QUOTE(humanisterz4804 @ Aug 21 2019, 04:53 PM)
HAHAHA come JB bro. This case in JB. Tbh I made mistakes in opening my settlement. Should’ve open higher so when they counter will be better but I don’t wanna think much lah. 1 month goyang kaki get 2 months salary worth it la for me. Thanks for your help bro. I was surprised how fast IRD arrange appointment and how he negotiated during mediation so damn good in defending my rights. Just to note that not all govt department shitty in providing services. Thumbs up for Industrial Relation Department Malaysia 👍🏻
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Maybe next month kot aku pergi JB tak confirm lagi liao.
xSean
post Aug 21 2019, 06:01 PM

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QUOTE(humanisterz4804 @ Aug 21 2019, 03:04 PM)
Finally today after mediation I won my case against my ex employer at IRD and get 2 months compensation. Profit$$$$. So for all employee in Malaysia don’t ever scared with BS nonsense made in contract by employers. My victory today is a winning for all employees. Fight for your rights guys!!
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how much u salary per month?
TShumanisterz4804
post Aug 21 2019, 06:29 PM

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QUOTE(xSean @ Aug 21 2019, 06:01 PM)
how much u salary per month?
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I can’t disclose it here. Anyway just for your information only wages above RM 2K all the issues in regard to dismissal being handled by Industrial Relation Department. Else just go Jabatan Tenaga Kerja
Daprind
post Aug 22 2019, 09:25 AM

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Congrats in winning your case. You deserved it.

Sorry to hop on your post. I just wanna ask since the topic is very much the same but a little bit complicated.

This is not about me, but my colleague.

She had attached with the company from 2008 until three days ago, she was terminated effective immediately.

Long short story:

My colleague tendered her resignation on June 2019 and notice period is 3 months. Her last working day is end of September 2019.

Between the notice period, in July, my colleague took 3 weeks MC.

Main reason for 3 weeks MC is due to her knee pain. She got letter from doctor and insurance claim as the proof.

But company feels like she misused her MC privilege. HR called my colleague after the 2 weeks MC and request her to come back office.

My colleague declined, says she cannot commute to work due to the pain. Then this is the tricky part, she told HR to visit her at home if they wish to talk.

Therefore, upon return to office after the 3 weeks MC, company took the opportunity to terminate my colleague due to the above reason.

Is this consider unlawful termination cause she still have 1 more month to go? She had yet to get the new job and was hoping to use the 1 month notice effectively.

Thanks.

TShumanisterz4804
post Aug 22 2019, 09:43 AM

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QUOTE(Daprind @ Aug 22 2019, 09:25 AM)
Congrats in winning your case. You deserved it.

Sorry to hop on your post. I just wanna ask since the topic is very much the same but a little bit complicated.

This is not about me, but my colleague.

She had attached with the company from 2008 until three days ago, she was terminated effective immediately.

Long short story:

My colleague tendered her resignation on June 2019 and notice period is 3 months. Her last working day is end of September 2019.

Between the notice period, in July, my colleague took 3 weeks MC.

Main reason for 3 weeks MC is due to her knee pain. She got letter from doctor and insurance claim as the proof.

But company feels like she misused her MC privilege. HR called my colleague after the 2 weeks MC and request her to come back office.

My colleague declined, says she cannot commute to work due to the pain. Then this is the tricky part, she told HR to visit her at home if they wish to talk.

Therefore, upon return to office after the 3 weeks MC, company took the opportunity to terminate my colleague due to the above reason.

Is this consider unlawful termination cause she still have 1 more month to go? She had yet to get the new job and was hoping to use the 1 month notice effectively.

Thanks.
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You’re welcome. Anyway for your colleague’s case I can give an insight but your colleague need to go to Industrial Relation Department and lodge an official complaint within 60 days of termination (If her wages above RM 2K/monthly). Regarding the situation that happened to your colleague when she was terminated does HR sent any cause letter or any notice before she being terminated in written form other than verbally? If not then I guess she has a much stronger case. 1 more thing, if she has valid MC being given by doctor this also proves that HR has made unlawful termination. Even though she already gave her resignation letter, HR can’t terminate without reason(s) until her last day that being stated in the letter.

Just go to IRD and meet official there if this situation can be lodged for complaint and demanding the employers to give ex-gratia to your colleague. Ask her to be quick as I filed my case the next day after being terminated. My case ex employer bawak geng as COO and Sales Manager teamwork to attack me in mediation room. I just come alone. Lol
Daprind
post Aug 22 2019, 09:58 AM

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QUOTE(humanisterz4804 @ Aug 22 2019, 09:43 AM)
You’re welcome. Anyway for your colleague’s case I can give an insight but your colleague need to go to Industrial Relation Department and lodge an official complaint within 60 days of termination (If her wages above RM 2K/monthly). Regarding the situation that happened to your colleague when she was terminated does HR sent any cause letter or any notice before she being terminated in written form other than verbally? If not then I guess she has a much stronger case. 1 more thing, if she has valid MC being given by doctor this also proves that HR has made unlawful termination. Even though she already gave her resignation letter, HR can’t terminate without reason(s) until her last day that being stated in the letter.

Just go to IRD and meet official there if this situation can be lodged for complaint and demanding the employers to give ex-gratia to your colleague. Ask her to be quick as I filed my case the next day after being terminated. My case ex employer bawak geng as COO and Sales Manager teamwork to attack me in mediation room. I just come alone. Lol
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Great to hear that. Yeah, I advised her the same to lodge an official complaint to IR now.

Okay, before my colleague terminated, she was asked to see HR & her boss. They verbally told her that she will be terminated within the week.

My colleague disagreed and she replied "let me think about it".

On 19th August 2019, company force her to leave office for good.

From the reason by company due to 3 weeks MC is not strong enough to terminate my colleague right?

Especially she was granted an MC from doctor, letter of explanation and proof of claim from insurance.

Because some companies, once employee resign, they will strip off all the benefit including the medical leave.

I also don't know if my colleague's reply to HR regarding return to office had triggered HR and boss dissatisfaction (if you want to see me, u can visit me at home).

Please correct me if I'm wrong.
wayton
post Aug 22 2019, 12:07 PM

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QUOTE(Daprind @ Aug 22 2019, 09:58 AM)
Great to hear that. Yeah, I advised her the same to lodge an official complaint to IR now.

Okay, before my colleague terminated, she was asked to see HR & her boss. They verbally told her that she will be terminated within the week.

My colleague disagreed and she replied "let me think about it".

On 19th August 2019, company force her to leave office for good.

From the reason by company due to 3 weeks MC is not strong enough to terminate my colleague right?

Especially she was granted an MC from doctor, letter of explanation and proof of claim from insurance.

Because some companies, once employee resign, they will strip off all the benefit including the medical leave.

I also don't know if my colleague's reply to HR regarding return to office had triggered HR and boss dissatisfaction (if you want to see me, u can visit me at home).

Please correct me if I'm wrong.
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Company cannot simply terminated especially if the MC is genuine.
There is law stated on how many MC days that one entitled for a year and how many MC days if hospitalised. If the MC days exceeded the entitled, the most company can do is treat it as unpaid leave.

Since she already tendered resignation, then it means her serving period is until the end of notice period given/agreed, so she should be entitled wages until Sep, minus MC days (if exceeded the entitled days).

Company cannot strip off the benefit, like annual leave, MC etc. just because the employee has tendered resignation and still working within the notice period.
digitalz
post Aug 22 2019, 04:02 PM

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Let's be straight about this. You said that your friend worked since 2008. Thus, this is more than 5 years.

Under the EA, persons worked more than 5 years are entitled to around 22 days. However, this only applies to those under EA.

Generally, if there are no clear contracts, the court is much more inclined to follow the EA when it comes to MC as long as it can be shown and proven.

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