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HH
28/08/2015 12:23:02
Re: constructive dismissal

a person is given 2 options, if want to remain in current role, have to be relocated. if do not wish to be relocated, then move to a new role which is totally different in nature.

is this constructive dismissal?
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KL Siew
klsiew.my@gmail.com
28/08/2015 17:33:16
You will have to show that the employer is doing it to you in bad intention and purposely to make working life miserable for you. You will have to prove it, which is not something simple. You can go and discuss it with an officer in the Industrial Relations Department and get some insight.
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HH
18/09/2015 10:53:11
follow on from the situation above. can minutes from meeting indicating new portfolio, new org chart shows a demotion suffice for filing with IR? what about a Dir resolution indicating removal as signatory, does it construe a constructive dismissal?

if file for constructive dismissal, can leave company immediately without serving notice?

if leave immediately after filing for constructive dismissal and very unfortunate, not able to win the case due to insufficient proof, can the company then sue the employee for the short notice for resignation. since in this case, left the company immediately without serving the resignation notice period.

your advise is very much appreciated.

thank you.
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