Potential to Challenge Contributory Negligence DI Case Decision

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asked on May 23, 2013 at 21:16
One Company X policy said in the event of resignation, staff should directly send the letter to HR or via division head. Division head should then forward to HR.

Let say the GM keep the physical letter, ask her PA to scan, and send it to Biz support for the whole department (not the division support - The biz support reporting to that GM's boss, not to that negligence GM.)

The biz support officer only tasked to handle the the strategic part. Not the operational resignation letter submission. Its not under his KPI.

At the end the letter was not submitted. Caused the company to overpaid RM10k ok employee's salary.

Now, three contributors exist. But ONLY the support guy received the showcause letter from HR, bypassing his boss (GM's boss as well) who should know better about hus task and KPI, charge letter, put into DI, and found guilty under one of two charges

1. Deriliction of duty - proven wrong - not under KPI
2. Fail to act at the best interest of the Company - general blame, other 3 negligence contributors enjoy the bonus etc and be the prosecutor witnesses then.

The punishment is not dismissal, but stop salary increment for one year, and no bonus. No promotion for 3 years. Monetary part about RM30k losses just to compensate RM10k loss of the Company which not officially under his duty but just because he's not replying email said that he's not in charge.

Process of DI took much of his time, morale and motivation. And the DI process took almost 9 months to complete for such a matter. And the investigation itself  started only after he himself followed up with the management after 5 mths of no reply on his show cause answer letter.

After appeal process, without the dismissal  may he go to court and challenge the decision? Under tort? i.e reversal, exemplary etc?

a. On the ignorance of the Company for other negligence party
b. His total loss far more than what Company missed
c. HR bypassing his own boss in producing showcause letter with related to his KPI in not so urgent matter (if urgent why delay 5 mths) without investigation
Kindly advise..
d. The process took too long. His boss already appealed to HR to settle it administratively due to the small impact to the company ( aggravated/exagerated action by HR)
e. During few session the letter of permission for the witness to attend always come late, one hour before session
f. HR ignore its own policy in resignation put the blame under general offence.

Etc etc
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answered on May 24, 2013 at 18:14
Hi there

His option would be to consider walking out on constructive dismissal, ie, the Company's cumulative actions has breached fundamental terms of his contract of employment as well implied term of mutual trust and confidence. He would need to see a lawyer with his documents and to assess the strength of his case in claiming constructive dismissal.
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