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exemployeeintel
exemployeeintel@gmail.com
28/05/2012 00:21:56
Re: Terminated due to false sexual harrassment claim

Hi
I used to be a manager in a MNC in Malaysia. I have given an employee a performance message in 2010 but decided to revert the message as the employee appealed to me for a second chance. At the same time I didn't know that the employee has started secretly recorded our private conversation for about 6 months. He also dug a lot of info about my personal relationships with other people and material which I thought it's will be harmful as it was in a 1:1 settings.

Upon seeing unsatisfactory performance message, I have raised an official performance message again. But the employee retaliated with revealing my personal stuff and also, said that I have sexually harrassed him three times in 2006, 2008 and 2010 and the reason why I have given him performance message is that he wanted to leave after the sexual harrassment. I have evidence that show the performance message happens way before that. And both times, it was only AFTER the performance message, he said he wanted to leave.

When he presented the secret audio recordings to the company's investigator, I felt so violated as the HR played the recording back and asked me what I meant, including my personal stuff. I filed a complain towards the HR as the company policy stated clearly audio recordings of 1:1 is clearly prohibited with or without consent. The HR didn't probe me further on the audio recordings but since then, he has been hostile towards me.

3 months later I have been terminated as they claimed that I have dated the employee (which was a single outing to a hawker stall) and have also sexually harassed him. The HR has also reverted the performance message on the employee.

May I know what action would you recommend?
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KL Siew
klsiew.my@gmail.com
28/05/2012 09:00:38
This is something quite serious. You need a lawyer to give you proper legal advice.
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exemployeeintel
exemployeeintel@gmail.com
28/05/2012 09:55:24
Yes I did.

We are pursuing 2 paths - one is the the filing in industrial court and the other is a civil case against parties involved, the employee who made the false allegation mostly.

Wanted to know if there are other opinions.

tq KL.
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exemployeeintel
exemployeeintel@gmail.com
28/05/2012 10:00:22
Actually all these filings are about me..

But what puzzled me is that - the HR apparently can bypass it owns protocol and allowed the audio recordings despite the annual training of prohibiting the 1:1 audio recordings. In the rules, it said it may lead to immediate termination whether it's taken with or without consent.

Despite this, he continued to investigate the audio recordings and reverted the employee's performance message based on it. No action has been taken against the HR personnel and employee on the violation.

There's no point for me to fight this.. but THEY VIOLATED their own guidelines!
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exemployeeintel
exemployeeintel@gmail.com
28/05/2012 10:01:25
Furthermore, the audio recordings are in bit of pieces and i felt it's twisted.

Which of course, all the allegations are untrue.
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KL Siew
28/05/2012 12:51:34
I am sure your lawyer will be able to take care of all that.
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exemployeeintel
exemployeeintel@gmail.com
28/05/2012 13:06:35
tq KL.
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KL Siew
28/05/2012 17:11:06
The issues raised here may not reflect too well on you should your friends happen to come across them. Do you think the posting here should be deleted unless you really don't mind?
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exemployeeintel
exemployeeintel@gmail.com
29/05/2012 11:35:04
Hi
How would it reflect not too well since it's the truth and it's on the path to justice?

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exemployeeintel
exemployeeintel@gmail.com
29/05/2012 11:41:57
You don't even want to know what other things the HR did.

On of the example,
In the path to get me terminated, he dig into my e-mail and find other faults. For example, in an e-mail where I scolded a very good friend. But it was done in good faith, nothing vulgar. He, then, questioned my friend about that e-mail. He also filed that against me despite my friend didn't want to file it and our friendship is normal and still good after that.

I have proof for all these.

There are many more things he did.

Despite multiple complains to the senior management, they didn't take any actions.
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exemployeeintel
exemployeeintel@gmail.com
29/05/2012 11:45:33
In my personal opinion, I think the employees still inside should know the practise in the company.

They have the so-called "privacy" guidelines - audio recordings which allow people to talk freely but in the end, they ended listening to it without taking action to the person who secretly recorded the conversation. And they, themselves, kept it as evidence for a while. Apparently, the "guidelines" can be bended when it's for their use as an excuse.
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