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Constructive Dismissal

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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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answered on Jan 28, 2004 at 23:47
by   businessbytes
Dear Octomus,

It is ok for you to sign the resignation letter.I suspect it is more for his protection rather than drag you to court.The letter you sign is of no effect as a 'forced resignation' amounts to a dismissal.Your bosses fears arise as you can sign the letter, accept the compensation and still go to the Industrial Relations Department to file a claim for unfair dismissal as a forced resignation is no resignation.I would not advise you to take this step however.Be a gentleman that you are.
Yes you can email to me at: iradvice@yahoo.com or visit my website
http//bizbytes.cjb.net
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answered on Feb 12, 2014 at 17:56
by   rebeka
Hi ,

May I know what's difference between Unfair Dismissal Vs Constructive Dismissal in terms of remedies & compensation ?

Thanks
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answered on Oct 31, 2016 at 08:08
by   yattz
Dear IR,
I have been working for this GLC for about 16 yrs. Just mid of the year the co. Had  session with all the staff to explained abt MSS. I am jot expecting this offer as i am not breaching any agreement. In fact i am handling many projects and events this yr. When i received the offer i was in shocked as well as my immediate supervisor that is my section HEAD. He insisted many times that he didnt recommend my name for MSS. After several meetings then he reveals that my name was recommemded and insisted to be added in the list of the of the other MSS nominated staff by the other  sect head. In other word staff  should be offered MSS by the immediate supervisor whom directly monitored the staff works 8-5 daily but not the MANADING DIRECTOR as in my case. I bieve i have a case on constructive dismissal. By knowing the true fact i am afraid if i continue working here more demotivate moves and act will be done to humiliate me in front of my collegues, the management, customers. Tjis might effect my behaviour at home as i am also mother of 3 kids and daughter to an ill senior citizen. They all need my attention equally. I never at any point reject or mistreat my task or the project given to me. I give my 100%in all my work. I broght up this question as i keenly believe i have been demotivate by the company when my Sect head himself td me the hard true that he was told by the HR manager that the MD himself wanta my name to be in the MSS offered list. both of them were very shocked as iam a very good and performed more well in all of tje proj given this yr. Please advise do i have a strong CD here? 
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