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Termination of employee with immediate effect

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asked on Aug 30, 2012 at 20:06
by   tham
My managment had currently terminate a employee by request her to resign immediately due to she lies and didn't declare her relationship as a spouse with the direct superier. She had agreed and had tender her resignation within 24 hours and mentioned she will not have further action taken. My question is shall we pay her 1 month salary as stated at her employment letter? Can she later sue us for the salary of 1 mth to mentioned we force her to resign? If she still have unpaid leave to date, shall we pay back her the unpaid leave or can we just not pay her to contra from her early release as stated her resignation letter of 24 hours (employment letter is 1 mth)? Is that ok for us to issue a release letter on it?
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answered on Jul 29, 2014 at 19:10
by   kaplanmorrel
As you are saying that You have given warning for her performance, So i think that you should focus on the how to negotaite to accepting the termination letter
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answered on Feb 1, 2015 at 16:39
by   ekalism
hello,

i am confused with your statement,

'she' give 24hour notice?
or your company terminated her within 24hour notice?

if she already give you a letter stated that she's resigning, then it is her call. She knew she makes mistakes and she admit- therefore she resign without any compulsion.

if your company terminated her within 24hour, your company should give a reasonable reason to support your action; or you have to pay her 1month salary plus her remaining leave.
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answered on Feb 1, 2015 at 19:44
by   jeff005
Just inexperienced HR personnel forcing staff to resign 24 hrs with taking into ac Laws of employment contract.
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answered on Apr 23, 2015 at 23:32
by   rebeka
Hi ,

My friend has received the reply from Industrial Relations Dept that his case on Wrongful Dismissal under S20 as " tidak wajar dirujuk " …

If he will to appeal via Judicial Review , what will the fee for engaging a lawyer ? What's the deadline for doing so ?

What's the compensation he will get if the appeal is successful ? He joined another company after 2 months , then after 9 months he quit ...

What about the annual leave not paid by the employer , can he claim via Small Claim court ? If the amount is more the 5k , can split into several claims ?

Thanks
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answered on Apr 24, 2015 at 02:07
by   rebeka
Hi ,

My friend has received the reply from Industrial Relations Dept that his case on Wrongful Dismissal under S20 as " tidak wajar dirujuk " …

If he will to appeal via Judicial Review , what will the fee for engaging a lawyer ? What's the deadline for doing so ?

What's the compensation he will get if the appeal is successful ? He joined another company after 2 months , then after 9 months he quit ...

What about the annual leave not paid by the employer , can he claim via Small Claim court ? If the amount is more the 5k , can split into several claims ?

Thanks
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answered on Apr 24, 2015 at 02:13
by   jeff005
@ rebeka

Do start a new thread/post dun tumpang others. Every case is different. Too little details. From the above alone "NO CASE"..
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answered on Apr 24, 2015 at 15:44
by   rebeka
Hi ,

My friend has received the reply from Industrial Relations Dept that his case on Wrongful Dismissal under S20 as " tidak wajar dirujuk " …

If he will to appeal via Judicial Review , what will the fee for engaging a lawyer ? What's the deadline for doing so ?

What's the compensation he will get if the appeal is successful ? He joined another company after 2 months , then after 9 months he quit ...

What about the annual leave not paid by the employer , can he claim via Small Claim court ? If the amount is more the 5k , can split into several claims ?

Thanks
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answered on Apr 25, 2015 at 01:38
by   arun1011
Hi there

For judicial review, the deadline is 3 months from the date of receipt of the letter from the Minister of Human Resources. The rates would range between RM 8,000 to RM 15,000. As for compensation, it would depend on various factors, ie whether confirmed or under probation and post dismissal earnings.
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answered on May 10, 2015 at 01:48
by   rebeka
Thanks ...

he 's a confirmed staff .He joined another company after 2 months , then after 9 months he quit ...
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answered on May 10, 2015 at 03:51
by   arun1011
Then whilst the Industrial Court primary remedy is reinstatement but it hardly nowdays award reinstatement. What is the norm is backwages which the maximum is 24 months for confirmed employee but the courts can reduce the amount based on the following factors, (i) employee length of service, (ii)how soon he got another job as well as his (iii) contributory conduct. There is no hard and fast rule how much the Industrial Court can award.

Apart from backwages, the employee is entitled to compensation in lieu of reinstatement which is calculated based on 1 month for each year of service.
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