Comments on: Amendment to Employment Act http://blog.limkitsiang.com/2007/09/27/amendment-to-employment-act/ for Malaysia Wed, 15 Oct 2008 23:20:52 +0000 http://wordpress.org/?v=2.3.3 By: robertphilips http://blog.limkitsiang.com/2007/09/27/amendment-to-employment-act/#comment-49984 robertphilips Tue, 02 Oct 2007 15:04:58 +0000 http://blog.limkitsiang.com/2007/09/27/amendment-to-employment-act/#comment-49984 promote a new blog to all of you. StupidMalaysian.wordpress.com promote a new blog to all of you.

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]]> By: douglaskk http://blog.limkitsiang.com/2007/09/27/amendment-to-employment-act/#comment-49946 douglaskk Tue, 02 Oct 2007 05:45:58 +0000 http://blog.limkitsiang.com/2007/09/27/amendment-to-employment-act/#comment-49946 Jeffrey, That gives me an idea. I have one staff who has resigned from the company about 3 months ago. From the legal aspect, do you think I should use him as witness to testify in industrial court? Anyway, thanks for the comments so far. Jeffrey,

That gives me an idea. I have one staff who has resigned from the company about 3 months ago. From the legal aspect, do you think I should use him as witness to testify in industrial court?

Anyway, thanks for the comments so far.

]]> By: Jeffrey http://blog.limkitsiang.com/2007/09/27/amendment-to-employment-act/#comment-49820 Jeffrey Mon, 01 Oct 2007 01:53:19 +0000 http://blog.limkitsiang.com/2007/09/27/amendment-to-employment-act/#comment-49820 That is exactly the point : do you have objective proof of "personal grudge by the General Manager"? Employers' argument is that every incompetent employee will raise unreasonable grudge as the reason - they will argue that the so called "grudge" is an application of the appropriate pressure to train you better in the work. Do you think other employees who care for their rice bowl will testify on your behalf that you were victimised? Perhaps you should have videotaped via hand phone the the employer victimiser in his frequent tirades (like the whistle blower to lawyer Lingam) the next time! That is exactly the point : do you have objective proof of “personal grudge by the General Manager”? Employers’ argument is that every incompetent employee will raise unreasonable grudge as the reason - they will argue that the so called “grudge” is an application of the appropriate pressure to train you better in the work. Do you think other employees who care for their rice bowl will testify on your behalf that you were victimised? Perhaps you should have videotaped via hand phone the the employer victimiser in his frequent tirades (like the whistle blower to lawyer Lingam) the next time!

]]> By: douglaskk http://blog.limkitsiang.com/2007/09/27/amendment-to-employment-act/#comment-49819 douglaskk Mon, 01 Oct 2007 01:44:10 +0000 http://blog.limkitsiang.com/2007/09/27/amendment-to-employment-act/#comment-49819 No doubt that in the initial letter of offer for employment stated that either party may terminate with 1 month notice, which I have accepted in the first place. But the question here is, I have been the victim of unfair labour practice by the unscrupulous employer. There has been personal grudge by the General Manager against me for no obvious reason. During my tenure with the company, the GM has been finding faults against me and to me, this fellow is not human & doesn't have the feelings of humanitarian. Again, the problem is, even if I file for reinstatement under section 20 of the industrial act, I may find it difficult to prove his wrongdoings. That's the reason why I am writing in this blog for the readers' advice. Thank you. No doubt that in the initial letter of offer for employment stated that either party may terminate with 1 month notice, which I have accepted in the first place.

But the question here is, I have been the victim of unfair labour practice by the unscrupulous employer. There has been personal grudge by the General Manager against me for no obvious reason. During my tenure with the company, the GM has been finding faults against me and to me, this fellow is not human & doesn’t have the feelings of humanitarian.

Again, the problem is, even if I file for reinstatement under section 20 of the industrial act, I may find it difficult to prove his wrongdoings. That’s the reason why I am writing in this blog for the readers’ advice.

Thank you.

]]> By: Jeffrey http://blog.limkitsiang.com/2007/09/27/amendment-to-employment-act/#comment-49788 Jeffrey Sun, 30 Sep 2007 15:11:04 +0000 http://blog.limkitsiang.com/2007/09/27/amendment-to-employment-act/#comment-49788 Sorry typo - "what does your employment contract/letter/agrement if any (accepted by you) say?" Sorry typo - “what does your employment contract/letter/agrement if any (accepted by you) say?”

]]> By: Jeffrey http://blog.limkitsiang.com/2007/09/27/amendment-to-employment-act/#comment-49787 Jeffrey Sun, 30 Sep 2007 15:10:08 +0000 http://blog.limkitsiang.com/2007/09/27/amendment-to-employment-act/#comment-49787 You may have been confirmed in employment but what does your employment if any (accepted by you) say? If it says either side can terminate with prior 1 months notice or 1 months salary in lieu of notice, what have you got to say? And if you don't even have an employment contract, they (employers) would normally proceed on one month's notice for termination. The idea is to get an employment agreement in writing specifying clearly under what conditions they may or may not terminate and its consequences. You may have been confirmed in employment but what does your employment if any (accepted by you) say? If it says either side can terminate with prior 1 months notice or 1 months salary in lieu of notice, what have you got to say? And if you don’t even have an employment contract, they (employers) would normally proceed on one month’s notice for termination. The idea is to get an employment agreement in writing specifying clearly under what conditions they may or may not terminate and its consequences.

]]> By: douglaskk http://blog.limkitsiang.com/2007/09/27/amendment-to-employment-act/#comment-49682 douglaskk Sat, 29 Sep 2007 03:47:28 +0000 http://blog.limkitsiang.com/2007/09/27/amendment-to-employment-act/#comment-49682 I've been following this blog for quite some time already, but only manage to register by today. This article Mr. Raymond Lim caught my attention with great interest & in one way or another my story is related to it. Actually, I am looking for the right advice. Event or chronology : 1st February 2007 - I was offered a job as Human Resource Supervisor in a plywood manufacturing company & undergoing probationary period for 3 months. 1st July 2007 - I received letter of confirmation of employment from the company. I became the established staff of the company after undergoing actual 5 months of probationary period even though the initial letter of offer said 3 months only. 3rd September 2007 - I received a shocking letter of termination from the company saying that i was not suitable for the job (by one month notice, that is I still work until 07/10/2007 with the company). I have in my hand a solid 8 years of working experience as Personnel/Human Resource Supervisor in a previous company having similar environment and having similar job scope, but different style of management. Based on the above: 1. Any chance of winning if I file for reinstatement under section 20 of the Industrial Act? 2. Any other advices deems necessary. I’ve been following this blog for quite some time already, but only manage to register by today.

This article Mr. Raymond Lim caught my attention with great interest & in one way or another my story is related to it.

Actually, I am looking for the right advice.

Event or chronology :

1st February 2007 - I was offered a job as Human Resource Supervisor in a plywood manufacturing company & undergoing probationary period for 3 months.

1st July 2007 - I received letter of confirmation of employment from the company. I became the established staff of the company after undergoing actual 5 months of probationary period even though the initial letter of offer said 3 months only.

3rd September 2007 - I received a shocking letter of termination from the company saying that i was not suitable for the job (by one month notice, that is I still work until 07/10/2007 with the company). I have in my hand a solid 8 years of working experience as Personnel/Human Resource Supervisor in a previous company having similar environment and having similar job scope, but different style of management.

Based on the above:

1. Any chance of winning if I file for reinstatement under section 20 of the Industrial Act?

2. Any other advices deems necessary.

]]> By: undergrad2 http://blog.limkitsiang.com/2007/09/27/amendment-to-employment-act/#comment-49531 undergrad2 Thu, 27 Sep 2007 16:52:25 +0000 http://blog.limkitsiang.com/2007/09/27/amendment-to-employment-act/#comment-49531 Soon they'll cap damages incurred for a tort committed by the government. Soon they’ll cap damages incurred for a tort committed by the government.

]]> By: undergrad2 http://blog.limkitsiang.com/2007/09/27/amendment-to-employment-act/#comment-49513 undergrad2 Thu, 27 Sep 2007 13:22:30 +0000 http://blog.limkitsiang.com/2007/09/27/amendment-to-employment-act/#comment-49513 "Imagine what the poor guy is going to do if he has a family to feed?" He is, in any case, under a duty to mitigate his losses by looking for alternative employment. “Imagine what the poor guy is going to do if he has a family to feed?”

He is, in any case, under a duty to mitigate his losses by looking for alternative employment.

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