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Unfairly dismissed

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asked on Jul 29, 2012 at 19:34
by   chhlee
I had been dismissed by the company which l had worked for about 12 years. My position with the company is the IT Manager thru out the whole term of service with the company. the accusation of the dismissal is for the use of VPN connection software & download manager software in my notebook. Yeah l know this sounds to be the biggest joke for an IT manager to be sacked for using realVPN & download manager software.

09-03-2011 unfairly dismissed by the employer

10-03-2011 aduan pembuangan kerja dibuat ke pejabat IR

27-07-2012 received keputusan Menteri Sumber Manusia bahawa representasi mengenai pembuangan kerja TIDAK WAJAR dirujuk ke Makamah Perusahaan.

I am now seeking for legal assistance / representation for my case. Does anyone have any recommendation of legal counselling firm ?

Your prompt advice / opinion will be very much appreciated.
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5 Answers

answered on Jul 30, 2012 at 05:24
by   luxasia
Hi.. Im also looking for a lawyer too. will share if find one and hope vice versa
btw where do you go to report your case to IR?
I was inform to report to DG IR to open case but I do not know which office
Hope you could share

Thank you
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answered on Aug 2, 2012 at 03:07
by   chhlee
Dear Luxasia

After contacting Labour Office, l was told to log my complaint to the I/R office tel 03-55120167 for my pay is over RM 5,000. The I/R Office is sited in Bangunan UMNO Selangor, Persiaran Perbandaran Section 14, Shah Alam.

FYI, l logged my complaint on 10 March 2011, 1st meeting is arranged on 01 April 2011, 2nd meeting on 03 May 2011, the matter was then refer to Ibu Pejabat Jabatan Perhubungan Perushaan Malaysia Putrajaya on 29 Nov 2011, lastly out of a sudden l receive letter from the Jabatan saying that my case "TIDAK WAJAR" dirujuk ke Makamah Perusahaan with no further information / detail.

And right now l will have to work on filing an Judicial Review against the Ministry's "TIDAK WAJAR" decision within 40 days.

For your information, according to one lawyer, the cost involved for filing that Judicial Review will be RM RM5000 - RM8000 depends whether it is contested.

Anyone are welcome to comment.
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answered on Sep 14, 2012 at 01:52
by   inbluemode
now you need to know your options. ask yourself :
if you would still like to proceed with court actions ie : using a lawyer to represent you, go through the entire process and hopefully, be heard in the next 2 years or so.

or would you like to know about a method called mediation . Mediation is a process that uses an impartial , fair and just third party who is qualified to assist in resolving a dispute , without using the courts. the third party is called a mediator who acts as a facilitator between parties to try to resolve the dispute. In your case, it is with your employer. What you really need to do now is to call 014-6417833 who is a mediator and ask how his services can help you.

Firstly, there is no guarantees that your dispute will be settled even through mediation but it is a fair process. and another feature is that it is private. everything that is said or any documents shared cannot be spoken off outside the setting . moreover it cannot be used as evidence in later proceedings. another number you could try is 03-22890775. no harm asking questions.

I believe disputes of this nature is always best to solve it thru mediation.
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answered on Nov 20, 2013 at 18:21
by   bpkkrt
So now how is your case?  Any settlement?

I am now in a similar situation as what you have.  Hope you can share some experience, thanks.
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answered on Dec 1, 2013 at 23:00
by   tchinyi
did the employer show some document or SOP saying that VPN and download manager not allowed ?
for what reason the ministry says "tidak wajar"? does it mean you are at the weak side ?
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