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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 14, 2015 at 21:47
by   rebeka
Thanks ...

This webpage has been down for quite some time , that's why am replying late ...

That's the concern "(ii)how soon he got another job" > he 's a confirmed staff ( has been working there for about 2 years ) .He joined another company after 2 months , then after 9 months he quit ...

So the compensation for backwages is only 2 months Max ? ( He joined another company after 2 months ) , that means it doesn't justifiable to engage a lawyer for judicial review which costs between RM 8,000 to RM 15,000 ?
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answered on Jul 15, 2015 at 05:15
by   arun1011
As i said in my earlier post, the Industrial Court does not have hard and fast rule on compensation. Therefore it would not be a mathematical calculation. Normally the practice is to start with 24 months backwages and reduce a certain percentage for post dismissal earnings. As for whether it is cost effective to go for judicial review that is something which you must decide and time is also running out.
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