Re: Constructive Dismissal
1. Due to some personal problem, I took an on and off of emergency leave/unpaid leave. Due to it, I was issued a warning letter.
2. Recently, my wife who is pregnant having some maternity complication, again I have to take leave (unpaid coz not AL finish), I need to take her for medication. She was admitted to hospital and later she is scheduled for emergency caesarian. She stayed a few days in hospital and the new born baby who was premature got to stayed in ICU for almost a week.Therefore, beside paternity (2 days), I took emergency leave which come to total 12 days continously.
3. After a few days received the warning letter, the director request me to write a letter to the Company that I shall improve my attendance and even asked me to put in a few clause, which are :-
i- will not take any MC
ii- will not come late
iii- will not take any emergency leave, if do have emergency than I'll have to come to office first to get approval before I go for leave.
He do asked me to add up..that if I disobey any of the clauses above I will put my tender and shall not claim anything from the Company.
my question :
1. For situation # 1 above, I've been given a warning letter without giving a show cause letter and the warning letter is very general, the ground is habitual later and emergency leave without stated any date of my misconduct. Is this warning letter valid?
2. For situation #2, I've been given a final warning letter, and again without show cause letter. Same as above the letter is very general, did not stated any date and time of misconduct but additionally written that the Company will take require me to resign at no cost.Is this final warning letter valid? and, can an employer request the employee to resign.
3. For situation #3, please advise what shall I do. Do I have to follow his instruction which I believe it will put myself into his trap.
4. Can this matter consider Constructive Dismissal.