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I believe that I was wrongfully terminated.

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asked on Mar 4, 2014 at 06:40
by   incognito796
Hi,

I really a need help of an kind soul with some legal advice or perhaps to find a lawyer who’s willing to take up my case of a possible wrongful dismissal. I’m a foreigner working on an employment visa in Malaysia. I was hired by a Malaysian company as a Consultant. Part of my job is provide technical training on areas of my expertise to clients. In February, I was wrongfully terminated by my employer. Here are the quick facts of the case :

• I was tasked to deliver a technical course which beyond my areas expertise or domain (unfamiliar);

• I asked my boss to send me for the relevant training first and certify me in that course, in order to equip me to conduct the required course.

• This is the standard requirements by the many major Vendors as a basic requirement for any instructor who is supposed to conduct a particular technical training;

• To save money, the company refused to send me for the required course or certify me and just expected me to an expert and to be ready to deliver the course in 3 weeks’ time.

• I continuously told them that I was not ready and engaging an external consultant who’s more qualified in that area or domain would be more suitable as I would not be able to do a good job cos it’s not my field of expertise.

• Due to some breakdown in communication and lots of misunderstanding between the Management who’s based overseas and the our local office in Malaysia, in the end, the equipment required for us to hands-on for course was not set up and a qualified Trainer has not been assigned for the class even though the class is only 2 weeks away.

• A lot of fingers were pointed and in the end I was deemed as being difficult one and was made a scapegoat.

• The boss sent an email behind my back to EVERYONE threatening to fire me if I refused to take up the class, despite not being familiar with the technical domain. It feels like its an “Entrapment” to get rid of me.

• After I asked him about it personally via email, he seems adamant that he wasn’t in the wrong and instead resend our email (Private and Confidential) out to everyone in the office. I feels its very unprofessional for him to do so.

• Take note that before this I was never given a warning letter, disciplinary inquiry (DI) or any form verbal action or suspension of work. The threat to fire me was the first disciplinary action he has taken against me. The HR was just following what the Top Management orders without having any proper practice or procedure as guideline. This happen on Friday and I was asked to go home and come back on Monday.

• After the weekend, I went to work as for normal, ready to do my job as usual. Instead, I was asked by the HR Manager to wait outside at reception and I served my pink slip in the office later.

• Before this I wasn’t under the impression at all that I was going to be fired with immediate effect and I was definitely taken aback.

I believe I was unjustly terminated for refusing to break the vendor regulations and conduct a slipshod training thus compromising my standards. I have all the email correspondences to fight the case saved on my hard drive. I have heard that the labour laws in Malaysia are quite good as it protects employees from wrongful terminations. I would like to see if I have a case with this matter and what are my options ? As a legal worker in Malaysia, am I protected by the labour law ? Can a company do as they pleased to anyone especially to foreign workers on work permit and get away with it ? Thank you.
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2 Answers

answered on Mar 5, 2014 at 03:13
by   arun1011
Hi there

1. Yes, from what you have narrated, you do seem to have a strong case. You however would need to file a complaint at the nearest Industrial Relations Department within 60 days from the date of your dismissal. This is a strict rule and since your dismissal is on February, your still within time.

2. Foreign workers are protected under the Industrial Relations Act in respect of wrongful dismissal.
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answered on Mar 6, 2014 at 15:33
by   incognito796
Hi Arun,

thank you very much for your comments and I really appreciate it. By reporting to Industrial Relations Department, will it affect my chances of getting employed in the future in Malaysia. I don't want my records to be tarnish and future employer may have a certain prejudice against me. I also don't want any trouble at all but feel that justice have to be done so that others would not be in the same fate as me.

I hope others who have similar experience can also share their thoughts on this. Thanks to all the kind souls for their time and reply.
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