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common man
30/04/2011 02:23:07
Re: is this constructive dismissal

hi there,

i've been working for this particular company from may 2009 until 23rd august 2010 as as a f&b manager. i have been good performer infact 4 months before resignation i have been offered
increament & profit sharing. but things went sour by end of july 2010. my employer always find a fault at me and sometimes humiliated in front of my staff. i know some of his friend dnt like me at all and doing story im big-headed & egoistic. after his final tirade on 21st july, i choose to immediately resign. then he said i have to give 2 months notice. my reason to him is im not a confirm staff (most of the staff are not confirm as this company is very cunning & they always play safe). anyway he ask me to rest first and come back to work after 1 week. but i adamant with my decision. then he tell me to return all company belongings such as handphone, simcard, document, blazer and they will give my balance salary + commision + work on leave payment(28 days). all amounting to rm 8k. i returned everythings. but until now they never give any single cents. i recently found out they didnt contribute my epf & socso as well for 1 year. the reason i have been patient till now is he have been good to me. but i cant forgive the way he treated me. what can i do ?


common man
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KL Siew
30/04/2011 11:28:36
If you want to go along the line of "constructive dismissal", that means you would like to get reinstated to your former job. If that's the case, you will have to approach the Industrial Relations Department and you have to do it within 60 days from date of your resignation. The IRD may be able to give you the necessary advice.
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