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PShank
03/12/2007 12:59:42
Re: Termination

Hi,

I would appreciate if someone could shed some light on this matter. I've resigned on 16/11/07 and in the midst of serving a 2 month notice due to contractual obligations. However, the company now has threatened to dismiss me on the grounds of misconduct (being late for work a few times).

My contract states that "in the event either party wishes to terminate this agreement, either party must give two (2) months notice in writing.The employer may choose to pay two (2) month's salary as payment in lieu". What i would like to know is :

1. Can they dismiss me on the grounds of misconduct when im serving my resignation notice?
2. If they do dismiss me, am i liable to claim 2 months salary as I am only serving my notice
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KL Siew
03/12/2007 14:54:16
After giving notice to resign does not mean that you have the right to come to work late. You still have to give your normal share of work while serving the notice period. Coming late for work is misconduct and if you keep on doing it they can dismiss you even during the notice period. Of course you still can seek redress and the Labour Office or the Industrial Relations Department if you think the dismissal is unfair.
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