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Su
shingloong@yahoo.com
12/09/2008 08:20:05
Re: Termination Pregnant employee during probation

My company offer letter stated the termination notice as :
"During the 6 months probabtionary period, either party to this contract may terminate it by giving in writing one month's notice."

My salary is more than RM1500. So not cover under employment act 1955 ?

When i was hired and join this company, i still not yet pregnant. After join for 2 weeks, i am expecting. Now i am 34 weeks of pregnancy. I was terminated by the company with the reason not meeting job performance. However, she dont have standard and clear definition of the job performance, and the rating vary very big among different colleagues, while we are performing same job scope.

Few of the defending points make to appeal for my case :
1. I respect my boss and inform her for my pregnancy. However, she not allow me to have light bread/food in the office during non break time. She inisit only can have food during official company break time. however, pregnant lady feel hungry easily. I need to take bread go to toilet and eat inside secretly when i was hungry. But i had been seeing few times my boss eat bread in the office during non break time.
I also did see other colleagues eating light food or bread in office during non break hour, but they are not reporting to my boss.

2.She point out my poor attendance as numbers day of mc. However, all this was certified by specialist gynaecology that i am unfit due to pregnancy sickness.

3.She had been terminate one employee before. Luckily this employee had successfully apply transfer department when the time he receive the termination letter from her. Now, the employee was being promoted at current department. If this employee non perform, how can he promote in the others department. And i had been asking the colleagues over here, whether this employee is really bad in work, or just because due to boss races prejudice. They all dont have bad working comment and complaint about this employee.

4.She rate me poor job performance in one assignment, however, i found out the insctruction that she is given was wrong. She herself giving wrong instruction, but putting me doing wrong things and rate "poor" for my performnace. I had been consult to the certified specialist about the instruction that boss given to me, the specialist say my boss was wrong, and saying boss did not understand well how the tools is use, and giving worng direction.This specialist can be my evidence to this assigment's performance rating.

5.Sorry to say that, every one of my boss's subordinate have lots of complaints and disatisfied for her lead and guidance.

Can all this becomes points to protect me for being termination? As i cannot find a job as this moment, as i was pregnancy for 34 weeks.

Can my colleagues's view become the evidence for the unfair dismissal from boss to me ?

What should i do ?

Thanks.

Regards,
Su



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KL Siew
kl_siew@yahoo.com
12/09/2008 08:54:58
Do you job to the best of your abilities and don't let your boss find good reasons to dismiss you. First, your boss must have good reasons to dismiss an employee, your defence only comes later. Meanwhile, just carry on as usual and to the best of your abilities. Should there be a dismissal, you may complain to the Industrial Relations Department.
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Su
12/09/2008 10:52:53
Thanks.

If happened she give me the termination agreement letter to sign, meanwhile i not agree with the dismissal reason, should i sign while i planning go to IR department later after this ?

How should i react, if i not agree with the dismissal on the spot ?

Do i have right to request her for clear written reasons for dismissal to show to IR department ?

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KL Siew
12/09/2008 11:19:22
You may consult the IR Department first before you sign if you wish. No need for you to ask for the reasons if non is given.
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