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Constructive Dismissal

1892 Views  ⚫  Asked 14 Years Ago
asked on Jan 2, 2004 at 04:50
by   octomus
Dear Puan Ira,

I am a management staff of a trading company.  Due to differences in business approaches, I had frequent conflicts with my boss.  For the past two months, he started to harass me with the intention of forcing me to resign voluntarily.  He was using various tactics to demoralize me, for example

- interfering with the running of my division, e.g. promoting my staff without prior discussion with me
- offer bonus to my staffs but not to me
- gave me "show cause" letter with threats of dismissal for insubordination and misconduct.

I wish to seek your advice on the following

1. He has so far unable to show proof of insubodination and misconduct, do I have the right to demand for a withdral of his "show cause" letter?

2. The harassment started two months ago and he is keeping up the pressure with new issues nearly every week. He was trying to find fault with me but without any success to date.  Can I claim for victimisation?

3. I am contemplating walking out from work by claiming constructive dismissal? Do I have a case?  If I succeed, can I claim for 3 months' pay in lieu of notice? 

4. As a management staff, am I eligible to claim for work on weekend?  On my Employment Contract, the working days are from Monday to Friday.  This treatment of issue is also not specified in the Company Manual.

5. My company did not send me a confirmation letter after the 3 month probation. However, all my staffs who joined later were given. Am I considered still under probation? Can I justleave the company by just giving one  month notice as stipulated in the Employment contract?  The notice period required for confirmed staff is 3 months.

I am looking forward to receiving your advice and guidance.  Many thanks.

Yours sincerely,

Octomus
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