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asked on Aug 28, 2000 at 14:58
by   AngryOne
I have been an air stewardess for 8 years now . My records with the company had been good until I was sick with diarrhrea one day during stand-by. I was away from my base. However, I got a medical certificate from a panel doctor. I did reported sick in the morning but was unable to see the dosctor until evening due to trasportation. Because of that I was dismiss almost within 24 hours.  The charges being that I preplan my sick leave and being away from base during stand-by.
I am very shock to be dismissed. I feel like a criminal. What can I do? Can I sue for compensation either through my own lawyer or from the labour department. If I do ask for compensation, how do I calculate the compensation. Somebody, please advise!
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answered on Sep 9, 2000 at 11:30
by   Astroboy
What was the termination clause stated in your contract of service with the employer ? Which state of Malaysia are you in ?

If termination clause is not stated then under the Employment (Termination and Lay-off Benefits) Regulations 1980 (Peninsular) the notice shall be as follows : 4 weeks notice - has been employed for elss than 2 years : 6 weeks notice - has been employed for 2 years or more but less than 5 years : or 8 weeks notice - has been employed for 5 years and more.

But it is also possible for employer to terminate the contract of service without notice by paying to the other party in indemnity in lieu of notice, if there is a willful breach by the other party of a condition of the contract of service.

However, an employee is not entitled to termination benefits in the following circumstance : employed for less than 12 months on date of termination or the contract of service is renewed or the employee re-engaged on terms and conditions not less favourable than his previous contract or where the employer has offered to renew the contract on no less favourable terms 7 days before the date of termination, and lastly where after receiving due notice of termination of contract the employee leaves the serivces without employer's prior consent or without paying the employer the indemnity due contract of service.

As for the entitlement - termination/lay-off benefits not less than the following : 1-2 years service - 10 days wages for each year service. More than 2 years but less 5 years service - 15 days wages for each year service. 5 years or more - 20 days wages for each year service. In addition, termination benefits payment shall be paid not later than seven days after the termination.

An employee is only deemed as absent from work without permission and without reasonable excuse only if the employee goes on sick leave without being certified by a doctor or if it is certified by a doctor but fails to inform his employer within 48 hours of the commencement of the sick leave.

It is best you seek advise from the nearest labor department. To lodge a labor complaint normally you need your IC, Letter of appointment/contract of employement, dismissal letter, and provide to them the correct name and address of your employer.

I am not sure whether there is any specific time you should file in your complaint. Usually sixty days from notice.

You can also try the Ministry of Human Resources Head office in Kuala Lumpur, Malaysia for confirmation.

Your employer seems to be so mean and deliberate in firing you.
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answered on Sep 16, 2000 at 08:53
by   AngryOne
Thanks for the reply AstroBoy. Much appreciated. At the moment, I am taken up the case to the labour department. I am asking for dismissal benefits thru labour. I had ask for a maximum. Can I engaged my own lawyer while the labour department is hadling it the same time.
In fact, I was given 30 days from the day I was taken off service to appeal. I had written an appeal and until now I still haven't receive any reply from the company. Is it compulsory for the company to reply within a certain period of time. It had been about 2 months already.
Also it is very hard for me to switch to a different job as my qualification is only up to SPM. I have to start all over again. It seems like the company had purposely put a stop to my flying career. Is there anything that I can do? Pleas advise as to what I can do.
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