Forums 论坛

gemukk
gemukk@gmail.com
20/04/2008 01:36:48
Re: leading dismissal, salary witheld, promotions witheld

Hi,

I've been employed to this company in Oct 2004. Since then I've not been assigned to one specific task, as my employment contract only says I have to follow my superior. In which case its also not stated who was it.
I was confirmed on Jan 2005 back dated to Dec 2004. After which I have been doing some many thing in the company, after one assigment to another, and finally I decided to follow this manager as he offered me to work under his wing. I got all the freedom to follow this manager as the HR nor the other manager have ever disputed it. I work with him in a project or rather projects from June 2005 until Nov 2007. The projects were making progress. On one of the occassion Aug/Sept 2006 at an airport while waiting for our flight, my manager has make a verbal promise to me that if we successfully secure this project and a few others, he will promote me to AM. Come Oct/Nov 2006 we manager to secure the projects and a few others comming along. It was promising. On Jan & Feb 2007, I've asked about the promotions he mentioned to me in the past, and he ask me to be patient as the projects just started commming in and it has'nt generate an income yet for the company. Come June & July 2006, again I asked about the promotion after the projects owners started to make several progress payments to the company. Again my manager asked me to be more patient as now the projects are using a lot of resources. Again on Sept 2006, I asked about the promotions, now he says he can't gave it yet to me, same ol reason. I decided to protest silently, which I did. I stop submmiting my petty cash expenses log & bill and it accumulated until more than 25k. At that point my manager keep asking about my petty cash expenses log and asked me to submit it to acc. I say I would but I just ignore it to show my protest. FYI the company is taking projects over 35mil and making over 7mil gross. I know this because it was me who was doing most of the initial project work, paperwork, technical documents, logistic, insurance and etc. Basically I did A to W. The balance remaining was only on the finalising of the pricing with the supplier and it was done but another senior guy but he was only newly employed since Aug 2005. Now the troubles begins:

At the end of Oct 2007, my salary was with held by the HR. When I went and spoke to the HR manager, he says he was instructed by my manager to do so as I did not submit my petty cash log yet. I told him to release my salary or I will report it to the JTK. My salary was finally release at the eve of Depavali. My manager was on leave from the last week of Oct 2007 until the first week of Nov 2007. Upon returning, my manager, myself and the HR manager got into argument. I decided to put my stand and demand my promotions. I submit a protest letter stating that I was not given any duty for more than 1 month since Sept 2007 until Nov 2007 to the HR manager and to my manager and make a statement it seems like to a leading dismissal. After much argument, my manager decided to transfer me to another dept and I was given the orders to move by the HR manager. Feeling depressed and frustrated, I decided to tender my resignation on 1 Dec 2007.

My question is, would I be able to make a case against my previous employer ragarding this matters:
1. My AM promotions
2. Leading dismissal
3. Laid off benifits

My manager are sitting on my hardwork and taking all the credits for it while I'm not getting anything but only stressed out by this. I tried to go to JTK before but the can't do anything about it since my salary is above 1.5k
Edit | Delete


KL Siew
kl_siew@yahoo.com
20/04/2008 08:29:22
You have made a very big blunder, that's what I can say. Sorry for saying that. It looks like everything is too late now. Have you not done anything about your case for the past many months?

1. There is nothing you can do about your promotion;
2. If you are talking about "constructive dismissal" that your employer had made life so miserable that you had no choice but to resign, it is also too late to file a wrongful dismissal case at the IR Department now as the time limit of 60 days from the date termination is over. You can consult the IR Department if you like.
3. You are not entitled to claim termination and lay-off benefit under the Employment(Termination and Lay-off Benefits)Regulation 1980 as you salary is over 1.5K.
Edit | Delete

Post Response (Feel free to share your experiences)

Name:
Email:  (optional)
Message:

 

KL Siew has put up a sister site by the name of mylabourlaw.net, which is in effect a more user-friendly version of the present popular pesaraonline.net. The site is in the process of being fine-tuned but it is fully functional. You are invited to visit the website at http://www.mylabourlaw.net and give your views or suggestions. Queries can be posted and be responded from there as usual.