May

7/17/2007 12:29:56 AM
Re: Difference between termination/cessation and retrenchment

Can a company terminate an employee (earning above 5k) by giving 2 mths notice and no compensation? Reason given being "poor financial performance which leads to a manpower rationalization exercise. as a result, the position has been eliminated".

Would this be considered as unlawful dismissal or retrenchment?
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KL Siew
kl_siew@yahoo.com
7/17/2007 8:06:51 AM
The company can give all sorts of reasons and it is not necessary you must accept them in toto.
Make a claim under Section 20 of the Industrial Relations Act first and if necessary, let the Industrial Court decide whether it should be wrongful dismissal, retrenchment, rationalization or whatever.
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