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Asked to leave before I get a job

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asked on Jun 23, 2014 at 20:21
by   terrian
Dear Lawyerment,

About 10 months ago I was employed into this organisation to oversee organisational transition. They have not made me sign my job description prior to joining but only after 5 months into employment. As this organisation is a small organisation, communication was verbal most of the time. After confirmation (6 months), I was accused by my boss of being disrespectful and unable to take instructions - and mine was a managerial position. As I had already 10 years of working experience (having spent nearly 8 years in one organisation as I was consistently promoted), I was baffled that I could be accuse of this lack of skills. However, I took the blame and I was to report to the CEO of the organisation. The CEO of the organisation told me that he would give me 3 months to prove myself and I agreed. All this was done verbally and not black and white although HR was present. The CEO subsequently email the whole organisation that my new role will be the following;

1. Independent tracking and monitoring of project implementation and discipline
2. Reporting of outcomes against targets
3. Communicating and addressing performance gaps and
4. Providing key inputs towards better risk on performance and behaviours.

As you can see, this position will surely step some tail, but I was determined to do what was right and assigned to get a second change.

2 weeks later, I was asked by the CEO to leave. His excuse, he received complaints from more than 1 manager that they could not work with me. I have a character issue and he does not want to be portrayed as "Being able to make decision as he alone pleases". I relented and told him that I will leave earliest in 3 months or latest 6 months. I think this timeline is being fair as a normal employment process will take this long. I also have 2 months notice to provide. Furthermore, its not easy to find a job that fits in such short period. He however, wants me to leave in 3 months and was forcing me to state I will leave in 3 months. Please note that during this conversation HR was there but did not highlight the 3 months tenure the CEO initially promised to give me a 2nd chance. As far as I am aware, nothing was documented of this conversation.

I have started submitting applications, but am not sure if I can find a suitable position within the 3 months expected. Looking at the hanky panky situation I am in, I am worried that I may be fired instead. As I still have 3 more months to complete 1 year employment, I understand that I may be terminated without termination benefits. Please kindly advise if I should take pre-emptive actions?

Many thanks in advance.
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2 Answers

answered on Jun 27, 2014 at 00:09
by   arun1011
Hi there

Ideally you should not just resign like that because it could also affect your future prospects as your future employer might want to know the reasons for you leaving. As for them terminating you, even though it sounds like the worst thing, it is actually not that bad because you have an avenue to challenge the dismissal by going to the Industrial Court through the process of Industrial Relations Law in this country.

As for termination benefits, unless your contract provides for it, i am afraid you would not be entitled to any. You could be entitled to payment in lieu of notice period if the Company wants you to leave immediately.
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answered on Jun 27, 2014 at 14:00
by   terrian
Thank you for your advise Arun. Deeply appreciated
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