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jessie
jessie_low87@yahoo.com
08/09/2009 15:06:03
Re: terminate by company after pregnant

Is a case come from my friend,she work in a company 1 year 4 month time,she has been terminate by her company after she pregnant time 7 month and given one month notice and one month salary .The reason her company give her is she always take MC after she pregnant,but she have MC letter from her doctor that she not feeling well.So may i know what she can do?
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joan
08/09/2009 18:09:49
Employment act section 12(1) stated either party to a contract of service may at any time give to the other patry notice of his intention to terminate such contract of service. Is the act applied to this situation?
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CK
ckkong.my@gmail.com
08/09/2009 20:50:39
1) How many day of ML in total were taken by the pregnant staff?
2) Has the ML significantly affected her job performance?
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KL Siew
09/09/2009 09:45:28
To Joan

At first glance, it looks like the employer has the legal right to termination a contract of service basing on that section of the EA. There are also employers who want to terminate a contract of service based on the termination of service clause in the contract like " ...either party may terminate the contract of service by giving the other part 1 month/2 months/xx months notice or ...indemnity in lieu...". For people in the legal field, they call this right of the employer to terminate the contract based on what is stated in the contract as "termination simpliciter". But this right had been challenged and there were many Industrial Court awards, High/Federal Court judgments overturning this principle. In fact, the Industrial Court when passing judgment " shall act according to equity, good conscience and the substantial merits of the case without regard to technicality and legal form." If you really want to know more, you may read the Federal Court case in Dr Dutt Vs Assunta Hospital. You may find it over the internet.

So, better don't act basing purely of that section of EA. Termination of service must also have reasons.
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