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Worried wife
02/04/2009 10:04:57
Re: Unfair dismissal

My hubband worked in this company, and his probationary period is 6 mths due to his level. After 6 mths, a review was carried out and his superior has agreed to confirm him and get him to sign in the performance appraisal form. However, his superior did also request my husband to work OT during weekend but no any allowance will be given to him due to his level. The overtime mentioned will be 12hours every weekend. As he wants to spend some quality time with us during weekend, hence he refuse to do the overtime. His superior amends the PA form that signed immediately and cancel off the confirmation and wrote there 'to be extend 3 more mths' due to no comittment to overtime.
Eventually, they agreed to give him replavement leave for the overtime done. Without any choice, my husband work overtime during weekend but the replacement leave was not given as promised. As he is still haven confirm, hence he chose not to argue with his superior and just do whatever work that assigned by his superior.
Sadly, after another 3 mths, his superior told him that he has not shown any comittment towards the company during the 3 mths, and they are not going to confirm him and ask him to leave his job on that day itself.
They did pay my husband the notice in lieu for 1 mth, but we were too shocking to hear this as we cannot afford to raise the family if my husband is not working.
As far as my underderstanding, my husband is covered under Employment Act as he is supervising the direct labour. Hence, the company should pay him 1.5 or 2.0 rate for the overtime that he has done during weekend, he was not paid for that and no replacement leave was given and yet he was dimissed just like that.
Is this consider as unfair dismissal?? and is there anything we can do? we did consult the IR, however, the offier mentioned that as he is still under probationary period, hence its very shaky and cant really get good compensation from the company, is that true?
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KL Siew
02/04/2009 10:20:48
The important thing here is the dismissal, unfair dismissal as you said. What your husband should do is to go to the Industrial Relations Department and claim for reinstatement under Section 20 of the IR Act. That is to get back his job. Talk of compensation, good or no good, may come later. Go and make a claim for reinstatement first. Must do it within 60 days from date of dismissal.
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02/04/2009 14:00:06
To be frank, I dont really think that reinstatement is a good choice as my husband already been penalized by his superior when he mentioned that he is unable to work overtime without any pay or allowance during the first review, and subsequently being dismissed after 3 mths. Furthermore, I dont think so she will treat him fairly if they reinstate my husband.

In fact, my husband has found job now and also filed the case to IR. He being informed to attend the settlement with his former employer. Hence, I wish to know what is the maximum compensation that he could request.

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KL Siew
02/04/2009 14:18:28
Since the case is now with the IRD, just leave it to the IR officer.
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03/04/2009 14:54:24
I see. Thank for the advice.
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