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Should I file for Contructive Dismissal?

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asked on Jan 17, 2017 at 22:40
by   CalKhor
edited on Jan 23, 2017 at 08:09
 
I have situation here. Some background before I begin my situation.

I was employed by this Company A back in March 2016 and was bought-over from previous company with a substantial amount paid to my ex-company. It is stated in my Letter Offer if I resign from the company within 1 year of employment I have to reimburse the bought-over amount.

Now the situation I'm facing now is with my reporting supervisor. From my 3rd month of employment onwards, she has been very vocal (speaking at very high tone and at times to the extend of screaming) towards me and also at other colleagues as well. I was told she has a nickname as the dragon lady in the company. I have been receiving a lot of scrutinize from her on the jobs that I have delivered to her. 

Now comes the 6 months probation evaluation, she rated me very poor due to not delivering on time and quality of work does not meet her expectations. I delivered all my work on time, the reason she rated it as not on time is because of the rework that is required after she have reviewed. She even suggested me to take a pay cut or resign during this 6 months probation evaluation, which I refused.

She will send out nasty emails and then deliberately forward to the rest of my colleagues to humiliate me. There is this 1 time she even screenshot the nasty email and deliberately posted it on the working Whatapps with the reason I don't have access to laptop knowingly I have been given the back-up laptop. Not only that, during meetings with external parties she will scrutinize the comment that I made just to humiliate me and to show her authoritative power.

Aside to that, I was assigned to take up additional roles and responsibilities when 1 of my colleagues when he resigned. This was not even in my job scope, however this role was later taken off from me and then she added another roles of project management.

She also have a habit of throwing stuff like marker pen and duster to her subordinates when she gets angry. So far I have heard 2 colleagues have encountered such incident, however none of them voiced out. She have also threaten to throw a mug at me in one of the discussion I had with her in her room. She is the HOD and she has her own room.

Apart from that, she tried to humiliate me again by reassigning my workstation seating from the managerial cubical to be seat together with the executive. She have also threaten to move my workstation seating into her room and to be seated right next to her at the small round coffee table. 

In early Jan 2017, I received a letter from HR stating my extension of my probation with the possibility of termination if I don't meet the expectation. Last week she has engaged me and inform me that the time I have left in this company is 1.5 months. Can I consider this as a threat for constructive dismissal? This is not the first time she said that, in a few occasion she did mention of the possibility of me being fired by the company if the task not delivered as per the managements expectation. Now she is even sidelining me from meetings. She just handled me the monthly performance evaluation without going through with me and wanted me to sign, which I also refused cause the evaluations she stated in the KPI are not accurate and bias.

I have seek advise around and have come to this few options;
1. Send an email to HR to notify on the situation I'm facing with my reporting supervisor, then submit my resignation for constructive dismissal 2 weeks later if no response from HR.
2. If HR response, wait and see the outcome from the discussion with HR.
3. Do nothing and wait for the termination letter then only file for constructive dismissal.

My preference is option 1 but I need advise if that's the correct approach? Do I need to pay the bought-over amount? Will I be able to file constructive dismissal if HR managed to cook something up. If there's other option available please advise, I would very much appreciate it.

I felt so demoralized and stress working at this company now, I'm looking for the fastest way out from this hell hole.
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answered on Jan 18, 2017 at 01:34
by   Anonymous
I felt so demoralized and stress working at this company now, I'm looking for the fastest way out from this hell hole.
Fastest way is to find new job

Will I be able to file constructive dismissal if HR managed to cook something up
Can consider Occupational Harassment 
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