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24/12/2010 11:11:22
Re: Constructive Dismissal

Hi there,

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.
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KL Siew
24/12/2010 19:07:53
You have to improve your attendance, there is no better way out. You have also to think of your family when you have a wife or children to take care of. Don't add more anxiety to them. That's how I look at it. About Constructive Dismissal, you better don't think of it.
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27/12/2010 08:43:41
Dear KL Siew,

Agreed with you, I have to improve and in fact I am improving. However "he" still insist me to write a letter that I will voluntarily quit shall I found misconduct. I think what is "his" plan is to get rid of me without paying me a single cents. I am dilemma shall I write or I ignore.

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KL Siew
27/12/2010 09:20:55
Yes, if you are serious to improve your attendance, you should give the undertaking and do your very best to honour it. No need for you to quit. No one is going to make life miserable for you if you do your part well.
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