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22/03/2011 20:43:20

This staff is employed as company dispatch man. Salary > RM1500.00
Appointment letter had stated after confirmation, either party may give to the other one (1) month notice in writing to terminate employment or pay the other equivalent salary in lieu of notice.

Please assist on the Queries which need your advise.

1) The dispatch man has absent for work for many days and that away without notice. How can we take any action against him since the appointment letter is stated giving notice upon termination?

2) In addition to that, during his employment period he is using company's car for his personal used after his working hour and happend that he got an accident which cause damage to the company car. He has been advised to make a police report but he always make excused and fail on doing so.

Can we take any action on him bacause he had cause the car damage for his personal use without making police report and leaving the company without any notice.

Thanks for the advise.

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KL Siew
22/03/2011 21:10:19
You can take disciplinary actions against him. Hold a domestic inquiry and mete out the appropriate punishment.
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Mathavi Narayanan
30/03/2011 07:40:15
The below email I sent to my employer is self explanatory. Am I eligible for any compensation? I was terminated end of October 2010 based onthe grounds that I have attained the age of 50. Please advise accordingly.


Dear Sir,

Thanks for the last cheque.

Now, the necessity had arise for me to write the third/final time to you.

Initially you started with RM1,300.00 and the next month you reduced to RM1,200 saying that everyone was complaining about my "high" salary. In the 7-11 bulletin board, you advertised the salary as RM1.8K - RM2.1K for this secretary job. You then took another young inexperienced sexy staff Shalini and made me teach her. Her salary was RM1,300 whereas my salary was still RM1,200/-.

After 5 solid years of NO INCREMENT/REVISION IN SALARY, I pointed out your silly mistake (favouritism) by writing about 10 pages letter, you then increased to RM1,600 reluctantly and passed all the job to me, including admin clerk's and despatch boy's work when they left.

But I had to sacrifice my part time video shop sales assistant which gave me an income of RM400/mth. You strictly wanted me to handle 3 person's job with one person's salary.

No overtime was paid but was forced to work as early as 8am to as late as 11pm. I hope you still remember calling me to work at 11pm till 1am. As a flexible person and wanting to work my way up for additional/better salary, I did what I was told but you never seem to appreciate and still kept giving better salary than me for new inexperienced staff. Every time, when I tried to highlight this matter to you, you make me shut up by shouting at me.

You made me a stepping stone to all the new comers, trainees, as well as those who wanted free training for administration, sometime I have to teach typewriting, word or excell program to inexperienced staff, like Hema & Kanages.

You even told Meera to learn all my work so that you can push me just as a typist and finally get rid of me. Some previous staff (either Elly/Azril/Nancee) made a mistake by not keeping the record of 1st payment given out to Pangeran Holdings. In fact, it is the accountant who should keep the record. After checking, I found out the error and pointed out to the you. Instead of appreciating me, I was served a caution letter, instead of the accountant.

Just to irritate me, you even hired Kanages, a 58 yrs old retired lady and paid her RM2,200.00 whereas a senior staff like me, you paid only RM1,800, that too only from the last few years. You made me teach her all admin work including, switching on PC, CPU, sending e-mails, faxing, photostating, etc. After she left, you made re-check & re-do all the annual & medical leave records to ease another new staff.

Whenever I am late to work, as a senior staff, I make sure I compensate either after office hours or whenever the need arises. If I come 10 minutes late, you immediately give me letter saying that it is a MAJOR MISCONDUCT.

When Marliza misappropriated office cash, nothing was issued to her. She joined back and misappropriated cash the second time and went missing. What category is misappropriating office cash? That shows you donít know what the meaning of major misconduct is.

When Nagesh abused office phone for her personal calls (RM1,200++ for 6 months calls), you couldnít do anything to her. When she sends her son or husband to hospital, she never comes back to office after appointment nor applied for leave. You said she applied after you spoke to her but when I asked her, she told me you never questioned her at all about this. Her records too never showed any leave application as how you defended her.

When I did the PP presentation for your exhibition (which I had to prepare on weekends), Nagesh & Kalamegam got paid for it. Me?

You knew Meeraís main work was chatting and you were highlighted by few staff. When she chatted about you, you still didnít do anything. I never saw any letter issued to these staff. As a loyal staff, I alert you on everything which happens there, yet you never appreciated me. But you always try to defend those who stabbed behind your back.

When I pointed out that my 10 minutes late is not a major misconduct, but stealing money is, you shouted that he has no time to chase after the staff or make police report on her. But it is strange, you have "all the time" to serve me letters upon letters for every simple mistakes.

Finally, you succeeded in giving me a termination letter saying that I have attained the age of 50, and that your company rule is that, men can work upto 55 and woman upto 50. I stood by you thru thick & thin without leaving your company as how the other staff did during your bad times and this is how you reward me.

But till now, Alui & Haji still work there under normal T&A even when they have attained the age of 58, with EPF & SOCSO & normal leaves & medical accordingly. After 55, they should be put under contract basis as per the Terms & Agreement booklet. That is what you told me. Then why is there such a clause if employment terms are based on favouritism?

When I told I worked loyally for you all these years, you questioned me "WHO ASKED YOU TO WORK LOYALLY?"

You like to discriminate me in every possible way. You dont mind any mistakes from other staff but when I made a slightest mistake, you say my work should be zero defect.

Now, you think for yourself, is it right what you had done to me? You tormented me for not giving in to your sexual demands further. When I was reluctant and avoided, you made my working life as miserable as ever. You made me stay back almost everyday and tried your stunts after everyone leaves. Haji is a witness to this but he canís open his mouth so as to save his work.

When Alui questioned me, I only told him, you were only trying to sexually abuse me. I donít know what story you told him. He told Marliza that I am "THAT" type of person.

You make sure to pass bad remarks about me to whoever comes for interview. Some were nice to me and told me what you discussed with them.

I had to swallow all your ill-doings just because I feared to lose the job. When I eat vadai, you say it is VERY smelly and NOT to eat in office anymore. But when you or ALL other staff eats in office, no comments arise.

You have questioned few times what I would do if I lose my job there. Fearing this, I gave in to your sexual demands twice. And when I stopped giving in to your demands, you tormented, discriminated, humiliated me in each & every possible way and made my life miserable to the maximum. I can never forget it lifelong.

This has really affected my pride & dignity. Can you swear upon your family members that you never forced me into SEX?

When I gave you a letter emphasizing these, you made me destroy it & made me delete my soft copy right in front of you. Do not worry, I had an extra copy all the while.

When I told you that I would report to the Labour Dept, you said you would twist your words and say that I, being single, wanted to lure you. And I think you said the same thing to Alui. I think thatís the reason Alui told Marliza that I am "THAT" type of person.

I was so helpless and couldnít do anything to safeguard myself from all your ill-doings & accusations. But luckily, now that I am terminated from your company based on a silly ground, I have nothing to lose even if I go for help to the Labour Department. I am going to relate everything you did to me.

I was not in the intention of revealing all these to public if ONLY I had continued there. Maybe another few years, I could have tolerated. But you have put me in a dilemma. I am sorry I need to do this. Only then you will understand what damages you have done to me, mental stress, embarrassment, accusations, etc.

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