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29/06/2010 19:11:13
Re: Annual leave not approved

I was being terminated on 25 June 2010, giving a month notice until 30 July 2010 (last day to work). On top of that, company give me a month salary as indemnity in lieu of notice. (I shall be given 2 months notice)

The reason of termination is not clear, in fact employee of the whole company were being terminated. We refused to sign the letter and already filed a report to Industrial Relations department seeking for reinstatement.

For your information, my salary are above RM1,500 and work more than 2 years in that company.

The questions are:
1) We are being adviced by the Industrial Relations department that we are right to NOT (and NO need) go back to work after 30 July 2010. And we can look for jobs and join other company although the solution we are looking for is reinstatement. Is that true? Any act supporting it?

i) Since my last day of work is 30 July 2010, I want to take the balance of my annual leave to offset the remaining working days. Can the company deny my apply? Any act supporting it?

ii) Reason given for the denial is I/we have not the complete the project. (The company want to close down and want to completed all the outstanding project before/on 30 July 2010). In fact, I/we can complete the project respectively before the day we take leave (to offset).
Can we ignore the denial of taking leave (to offset)? In the mean time, I/we complete the project as usual and leave earlier after deducting the annual leave. Can the company sue us on this? (Like absent to work...)

iii) The reason I/we want to clear the annual leave because the company show some sign that they will not pay the annual leave to us. We requested in writing from company that they will pay us the balance annual leave not taken, but company try not to give us a proper memo. Any act protect us in this case? (annual leave not being paid)

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KL Siew
29/06/2010 21:52:02
1. Since your service had already been terminated, going back to work will be out of the question unless and until you are reinstated. The process may take time. It is prudent to start looking for another job rather than sitting and waiting.

2. You can try applying for your balance of leave and let the company approve or not approve it. Don't go on leave without approval even if you have the balance. Don't let the employer find fault with you on that.

Since the case has already gone to the IR Department,. let the IRD bring the parties together to discuss the issues including annual leave balance and so on. .
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30/06/2010 12:16:58
Thanks a lot.
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