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08/07/2013 17:41:10
Re: Termination and Layoff Benefits

My salary is above RM2500 and has been working with the company since Dec 2006 as permanent staff.

My appointment letter mentioned under Termination of Employment: Upon confirmation, one (1) month's written notice of termination must be given by either party or one (1) month's salary in lieu thereof.

My employer has terminated me by giving 1 week notice without any discussion and warning letters, do I entitle to layoff benefits under 6 (1).

I have called Labour office and they said my case is not cover by Labour Law and I am not entitle to claim for the layoff benefits. I can only claim for the balance of 3 weeks notice in Industrial Relation Department. Is it true?


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KL Siew
10/07/2013 08:30:20
Yes, it is true you are not covered by the Employment Act. For termination of your service by the employer, you can go personally to the Industrial Relations Department to get advice. You may claim reinstatement, i.e to get back your job with the company.
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03/09/2013 17:46:14
Mr Siew,

The above case has been filed and 1st meeting has conducted last Monday. When I file the case, the IR officer advised that I can only request for reinstatement (according to your above reply) as this was unfair dismissal.

One of the reasons stated in the termination letter was customer complained my bad service. During the meeting, the IR officer asked my employer to show the complain letter and my employer shown a few which dated 4 days ago and some of the customers hasn't reply to their emails. Mr Siew, does the email valid when bring to IR court? The termination letter was dated 22/06/2013 and the complain emails were dated 22/08/2013 and later. At the end of the meeting, my employer does not want to reinstate me and willing to pay 1 month salary as compensation. I did not agree and request for 3 months. Why 3 months? Reason as below:

1 month - compensation
2 months - salary for July and August as I am jobless while waiting for reinstatement.

My employer refused and willing to bring this case to IR court.

If this case has been brought to IR court, do I need to get a lawyer?
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