SoCalledLawyer ∙ 8 May, 10
A DI is not mandatory although it is recommended. You can also be dismissed on the strength of a show cause letter, without a DI.
2. Investigating misconduct
# Collecting evidence
# Interviewing witnesses, and the accused
3. Suspension of employees
4. Issuing a show cause letter
5. Preparing for a domestic inquiry
6. Drafting charges (if they are not satisfy with the explanations)
For Raj case, they are unhappy over the reasons he cite in the response to the show cause letter, then they can take action against him. (Warning letter, Termination).
Now is up to Raj to take the next move.
A DI is not mandatory although it is recommended. You can also be dismissed on the strength of a show cause letter, without a DI.
So, so , so?
HOWEVER, in many instances employers still lost their case because they followed inadequate procedures. Where the cause of dismissal was misconduct, the Court expected the employer to carry out a domestic inquiry run according to the principles of natural justice.
Indeed, this requirement is mandatory for employees covered by the Employment Act. A great number of employers have tried to argue in the Court that an inquiry is not always necessary and while the Court has contradicted itself on occasions, the general thinking of the Court is that a fair hearing is an essential requirement for a workman to be properly dismissed.
I think Mr. Raj should seek legal advice on his case.
If Mr. Raj's file against the employer. The burden to proof whether the dismissal was lawful or not was shifted to the employer. The employer has to provide valid and reasonable reason, then the dismissal consider lawful and with good cause.
Based on the law provide under Section 20, there were a guarantee given to the employees, that the employer would not simply terminate the services of the employees without good reason and just cause. Even, the law given the rights to the employer to terminate the contract of their employees services but its need to followed the principle laid down to ensure justice had been given to the employees.
One Workstation-One Chair and two person share!!!!!
If male & female share then the male species should be very happy. Ladies should consider this as sexual harrassment. So ladies and comment?
This might be another way of doing elimination.....hopefully someone make noise then that person will be given show cause letter.....
Breaking News: Mr. Lee been given a FINAL WARNING by the company.
Look likes his reply is not up to their expectation/satisfaction....
Does that mean the warning will be "YOU ARE FIRED"?
For Lee case, they are also unhappy over the reasons he cite in the response to the show cause letter, because of the the severity of the misconduct they decided to issue warning letter. Termination).
For Lee case, I think they have realized that they made a mistake by sending him the show cause letter. "Malu-lah", they could not admit their mistake so they gave him a "Final Warning" letter instead!!!! What does it show you about Sakura "new" management under our COO??
This is another piece of news. Hazlina also got her show cause letter this morning.
poor girl she is just taking order and implement what was told but she is screwed both ways.....do also got screwed by holding don't do also got screwed by her reporting manager....tough position to be in....
If that is the case. In my opinion, seek legal advice before reply her show cause.
I think SakuraMan got a point about DI for Raj. Termination without DI is another bullet for Raj lawyer. Will remind him later.
What is the story all about? Sorry to interfere, smell something here. Maybe I can help.
Sir, i like yr article on "constructive dismissal". Very interesting....
very useful...are you a lawyer?.....if yes maybe I might need your "professional services" ha ha ha..
Sometimes you don't need a lawyer to win a unfair dismissal. Our government (Labour Department) is providing services as the Neutral Person(s) who will stand for both parties; your rights, and your employer's rights.
Here is a real life case won by the employee on unfair dismissal.
Don't be afraid to seek legal advice. Most importantly is to fight for your right.
For those who can't find the "Constructuve Dismissal" article. You can click the link below:
Wow, very long story. We need to create another Talk on the CHRONOLOGY OF EVENTS.
My company is a leading local breed technology company in Malaysia by the name of Sakura. He is making all kind of measures to force the staffs to resign. Issuing show cause letters to as many staffs as the printer possibly print. Then give us less than a week notice to move office. Transferring people from their current work.
The management also given instruction not to renew contract staffs. Staff tender resignation can not be replaced. Existing staffs will have to shoulder the extra work load. In the past 1 month, there are already 4 permanent staffs have tender resignation in the Finance dept and 3 from sales dept. More than a dozen of contract workers not renew.
Geram betol pindah sini sana. Dulu lebih kurang 10KM, sekarang 25KM pula. Ada company mestilah senang, kesian orangbawah ni. Tiada hati perut. Sorry la, orang putih tak pandai.
tu lah yang top management nak.....kau resign sendiri tak payah bayar pampasan....satu sen pun tak perlu bayar...lagi bagus kalau staff yang resign tingalkan company dalam masa 24 jam..
Breaking News.... Haiz!!! Our "Ex" small but mighty MD's son all get terminated by SG Sakura liao......
I heard this tactic before. "If you want your enemy to feel the pain, don't after him but after his son". I thought those are just hay say, I don't believe I ever see it in my life. What have they done to deserve this?
BODOH.....He is the MD son
What is wrong with MD son working in the company? As long they adhere to the policies and procedures in company HR.
I am sure that he is terminated not because of his contribution but guilty by association....
What is their next move? Guilty by 6 degree association, we are all dead meat.
He was dismissed becoz his payroll was under Singapore and while out top mgmt found out that his pyroll is via singapore they inst Singapore to terminate him
Can they dismiss people without going through justifications or performance review? Wow.. powerful man, guys, please don't play play huh! I guess it is an ultimate form of abusing the executive power.
Wonder what the "EX' small and mighty MD will do?
Just found out from little bird that his payroll was from Singapore, and it was agreed and approved by our COO before he joined. Then why terminate? I think our COO is sending our "EX" small and mighty MD and all of us a massage.
I CAN AND WILL DO ANYTHING TO GET RID OF ALL OF YOU.
I am sure he is not looking at the processes (justification, performance and KPIs) which he talked so much about, instead he is using his power to terminate as he wishes.
"It was agreed and approved by our COO"
Is there a sound with one hand clapping? No sound at all. Try clap with two hands....I am old but i am not stupid.
aiyoyo, semua ni wayang kulit.....dulu abang-adik.....skrg gorek-gorek.....
I think DRAAB & Choot are playing wayang kulit. One guy propose, the other guy approve.
If not "What the hell a technology company buying a Printing Company for?" When things turn sour, both of them write another script. "I show cause you, you show cause me, then quietly close down the company."
Conspiration theory. Why is Choot got the suspension indefinitely with full pay? Now I see it, must be Choot proposed then DRAAB approved! WOW.. I want I want, I also want to have suspension with full pay until I retire. That sounds really good. I think all of us should ask for suspension instead of VSS.
It's hunting season guys....maybe they are betting on who can get rid the most people then they will be rewarded....remember the big bonuses the top guys got when they got the "top secret" project.......make me sick come to think of it....
I think its true what u said as I see to the glow in some of the top guys eyes when they hear or inform abt somebody's resignation. I wont be suprise that this a a "tit to tat" tactic
Latest news warehouse is moving to Wangsa Maju next month instead of the next 2-3 months. Hunting season is open. Current "show caused" one is just a dry run!
I think you are right about the show cause letters, currently, they have sent out to 7 people; I am sure that more will be coming.
It is just like if you are too worry about traffic fine, then don't drive. What ever you do while you are driving, you are sure to "kena" summons for speeding, traffic lights, parking, etc.. It is the same for our beloved SakuraGlobal, if you are worry about the show cause; don't work, don't do anything, and most importantly, don't sign any documents.
What they are doing is essentially telling us that our role will be terminated and we are not wanted anymore in this organization. The problem is they are not willing to pay for your departure. They are making life so difficult for you to stay. End of story.
Indeed, the rich get richer. Our big brother always give the projects to the big bosses. Once those bosses get the fortune, they get rid of the people. Will the big brother find out? I would said no. So, if the mountain won't come to Muhammad, Muhammad must go to the mountain.
Like "Nazi Concentration Camp" in World War II where the enemies of the Nazis were enslaved, starved, tortured and killed. So, run for your life if you smell something different in the office.
Adolf Hitler committed suicide by gunshot and cyanide poisoning. Why did Hitler commit suicide? Hitler finally recognized that all was lost and did not want to be taken captive and paraded through the streets of Moscow.
We take no prisoners.
Indeed, we are the prisoners now. Poor thing.
I hope that we are the Jewish that will survive in the "Nazi Concentration Camp"... So that I have a chance to pee at the Hitler Grave Stone!
You won't like me, when I am angry!!!
Looks like nobody is helping us. We need to help ourselves. We need to let the whole world know how is Sakura treating their staffs. Please get more people to participate in this blog, if possible all our colleagues, ex-colleagues, friends, suppliers, customers, etc. Hopefully one day we get enough attention from the government to look into our sad story.
Below are the instructions given by the management since Feb 2010"
1. Informed the managers that business plan is not approved, suspension of LOA, and change line of reporting.
2. Told the staffs in town hall meeting that the businesses are no viable and sustainable.
3. Ask the sales personnel to submit low hanging sales projection.
4. Business-as-usual instructive given on April 2010.
5. Fire sales of stock.
6. Business model in Singapore is the way to go. Selling Apple and Adobe.
Suddenly those shortfalls are irrelevant now. Viable lah, sustainable lah, systemic risk lah, help the principals lah, low VA lah, no annuity lah are not important anymore. Now, selling Apple and Adobe is the way to go.
What are they talking about?
The most unique thing about this incidence is that our COO does not realise that S'pore operations were not profitable until 2 years ago, and their profit was small as compared to those generated by their Malaysian counterpart, Sakura Synergy Malaysia. In Malaysia, we are profitable all the time; and we have move up the profit chain by adding more value to the products we carried.
Even with such acute and dire situations in Malaysia, Hong and our team will be making more profit than Singapore.
What is he talking about? Pure garbage and no-brainer, something shooting off his mouth. Pure Verbal diarrhea.
Oh adding to that, news from the little bird is that last week he has issued a termination letter to Apple for our Malaysian Operations.
A real OXYMORON.
In conclusion, he and his management team doe not know what they are doing. His famous speech during the recent town hall meeting, "protecting the interests of the stake owners". For us, we believe it is more like " screwing our customers and partners, killing the good will and loyalty of our valued employee, and fucking the investment of the stake owners. How pathetic can it be?
Indeed, spread the words ...... Take no PRISONERS !!!
The Holocaust is coming???
Theory: whats the diff between these??
2+1+3 & 3+2+1 ???
2+1+3 = 6
3+2+1 = 6
After a big circle, they came back to the original business that we are in and telling us that selling Apple and Adobe and etc.. is the way to go. WTF!!! why don't they just admitted that they have made a mistake; and that the business under our "Ex" small and mighty MD and his team is viable, sustainable, and forward thinking.
I think it takes a REAL and TRUE MAN admitting his mistake. What does it show you about our current management under our COO?
Does it mean that those who enjoyed the warehouse sales ought to return back??? 2+1+3=6, 3+2+1=6 ??? TIU NIA MAH ??
Hey you guys forgot Maxis. Its also now a viable business mah....tiu na ma
It is crazy.. They wanted to kill the Maxis business off many times for the past few years. If it is not the persistent of our "EX" small and mighty MD and Lee to keep the business, it would be long gone already. KNN (Kan Ning Ne), only now they realise that it is a viable business!!! It shows us that our upper management are indeed morons.
What business at the Global end is not sustainable or viable? I think it is more likely that they cannot find ways how to make their Sakura Secured Technology (SST) business viable and sustainable; they have to ripe us apart to steal our business! Oh, I guess they have pre-paid their bonuses out of future earning, now it is time to divert profit from global to SST in order to justify what they have done. Pathetic!
I am strongly suggesting that somebody takes a picture of the current location of Global. I believe there is a regulation under the office safety and environment where within a certain area only certain number of people can be seated and it cant be cramped as I see it recently. Also I find it wierd that the top Senior Manager in company is seated in a shared room, the middle senior mangers all squeezes up in on room but the HR manager get a room all by himself and the poor finance girl is left out with the herds.......
Already taken pictures lor. Considering video in HD now.
These 2+1+3=6 and 3+2+1=6 things remind me of Singapore famous phrase, LPPL.
lan par par lan.
Here I wish to thank Depressman for bringing attention to our MISSING COFFEE. Today, coffee is served for the morning & afternoon.
I hope by highlighting our plight here, it can actually change for the better. Hopefully, tomorrow everyone will have a table & chair for him/herself. Management will announce Reward Plan back in action. Biz ACTUALLY run as usual. We back to live/work like a happy family.
Reward Plan? Biz as usual? Happy? The coffee is just like last meal on Death Row. There are more things to come....PMS and canceled orders.. happy family, they are not us.
Do you treat your family like this?
coffee in the morning and noon doesn't mean a things.... What we need is the lord of universe to chart our mission and vision. Don't come telling us our business is unsustainable and low value after we sip our coffee...
Now quite a number of people in wangsa maju are aware of our cause maybe we should extend this to the SST people to voice their grieveness as some also would like to voice out but worry would get show cause letter and or termination
I bet our SST bro already aware about this blog. However, they should not do it in the office or during working hours.
I heard our management really syiok to issue show cause now.
I am not surprise if they issue show cause to all of us via this blog.
Dun worry. You can ignore it if they do.
We can't ignore the show cause letter. If we ignore then it make it easier for them to do the termination.
I think the SoCalledLawyer meant if they post the show cause to all of us via this blog.
There are more people outside the sakura global circle aware of this blog now and quite a lot are just sit by the side to see what is going to happen
I'm not surprised even our customers are reading this blog now. At least they know why their orders are not fulfill.
I dengar semua staff synergy, marketing & SST dapat email blog ini. Mana tau semua customer dapat email sama besok. Malulah!
Latest update: Suspended MD's son is terminated and today is his last day. Wish him all the best.
Just curious what will happen to the other one?
Heard that his son was paid SGD5,00 per month. That's more than I got paid after working dog's years in Sakura. I think the ex short and not so mighty MD will be terminated by Singapore next. His pay is >SGD13,000. Wah, rich people get richer and you and I suffer!!
Good to hear that the one who CHEAT the staffs got the sack. Hopefully all high power big boss who bully the staffs will get the same treatment.
Now the Dr. CHEAT got the sack, what will happen to the staffs? Wait for them to resign or take more actions to force them out?
Wow, another big news. You mean the ex short and not so mighty MD got SGD13,000 in Singapore plus RMxx,xxx in Malaysia?
The problem is they can't just sack those innocent staffs. The best way is stop them from working and make them frustrated. Then let them resign voluntarily.
1. Dengar cerita sakura ada buat rumah yayasan anak yatim di ipoh yang kununnya utk mmbantu anak2 yatim disana
2. sakura community yang kununnya perihatin turun padang membari bantuan kepada yang memerlukan
1. Staff sendiri terabai tetapi kebajikan orang lain diutamakan.. apakah ini..? kami tidak pertikaikan kebaikkan DSS hendak lakukan tetapi staff sendiri di anak tirikan.. claim berbulan2 tak dapat.. gaji lambat... staff diberi tekanan supaya meletekkan jawatan..
dan mungkin kebaikkan yang DSS berikan diluar hanya untuk tujuan publisiti dan mainan politik bukannya dilakukan dengan ikhlas sedangkan staff sendiri merempat dijalanan..
Charity for publicity still charity. No issue to me at least. DSS just got a wrong guys to manage the company otherwise he may donate more to the rumah yayasan anak yatim and still paying our claims on time.
The "two jokers" really sucked.
Ladies & gentlemen, am i right to said that sakura synergy still paying not less than RM50K salary to our suspended MD every month?
If sakura continue paying him like this, he can hire more lawyers to fight sakura. How ironic!!!!
You see, they can act very fast when come to bully lower ranking staffs. To the rich and powerful one, slow and steady.
I think they are still in the show cause stage only. Purposely kot.
DSS must kick their ass to FOCUS.
BTW, on wat basis he get salary from both companies? Don't tell me his boss kena kelentong again.
Building reno kena kelentong. Recruited his son kena kelentong. Dealing with Angelic wife kena kelentong. Buying Build East kena kelentong. Kena kelentong is not a good excuse. Think of something better and more creative.
Actually, I wondering who is kelentong who?
Be careful, nanti Sakura Holdings also kena kelentong.
During sunshine, abang-adik, gorek-gorek. When sh*t hit the fan, I signed it, I approved it but I kena kelentong.
Thank God i left when the s*** just starting to brew. Smelled a rat then, now dah jadi bangkai!!!
We are from SST now on the making, the dark cloud are coming. The top level started pissing on our head. PIP, PEP, PET..... and all sort of nonsense
Under section 20 0f the IRA 1967, provides protection to an employee from unfair dismissal however an employer is allowed to terminate employment if it is carried out in a fair and reasonable manner. The termination of employment can be lawful if the employee cannot properly carry out their job or if the employee is guilty of serious misconduct or if they are unable to work for any reason.
To protect yourself, collect all the documents and record with date and time. In case you want to file in to MoHR.
Do not just accept the nonsense lightly. Request for detailed justification (avoid verbal) until you are satisfied or accept under protest or without prejudice.
2 of the important elements an employee should know about retrenchment is that:
a) The worker should know in advance that he or she is subject to retrenchment exercise. In the case of Malaysia, a company wishing to carry out laying off exercise must give up to two month notices to the employees, as stipulated in the Employee Act 1955 (depending on years of service)
b) There should be a compensation package (retrenchment benefits) offered to the affected workers, the sum of which should reflect the length of service of the employee
I don't think they are willing to pay the retrenchment benefit! If can nothing at all the staff can resign on their own by conering them to the wall...pressuring them unneccesarily
Abang-abang SST, mari berjuang bersama-sama. Kita mesti dapat member sebanyak mungkin komen di blog ni. Kita mesti dapat perhatian orang ramai, bos baru tak berani nak buli kita.
Dia makan gaji saja. Buli staff itu kerja dia. Hanya si Dr.Cheat tu dia tak berani bully. Itu orang kaya, jadi buli orang yang lembab dan miskin lah. Seperti katanya selalu, biar process (PMS, PIP, PET) yang menyingkirkan staffs. Bukan pasal dia.
Sudah berbulan-bulan berlalu, tak ada action pun terhadap Dr.Cheat. Cakap besar saja.
Perhatian orang ramai sudah ada, tapi staffs tu tak berani nak berjuang. Semua sedang tunggu keajaiban.
Most staff do not know their rights. Those staff that feel that they are leaving the company under duress, or being asked to do something that is not their competency and being screw everyday for somthingthat is not their fault can lodge within 60 days to IR afetr they leave the company. The more people join the wagon the better chances of winning. Must show them what they do is wrong and they are not above the law just because they have a big legal team with big fat money in their pocket they think they can bully "orang yang lembab dan miskin!"
The first thing you should do is to write to the company (in the form of a grievance) stating the unfair task assignments that have been handed to you and for them to clarify your job function/description.
Let them respond to you in writing and you can use this as proof of how you have been victimised.
E-mail is a valid legal document and yes, you can use it as proof so start compiling your case.
WHAT are your privileges and entitlements as an employee? Do you have any recourse in the event of unfair treatment? To what extent are you covered by statutory plans and schemes?
I suggest that if they then become unfriendly employers as a result, you document their actions and use it to claim constructive dismissal.
Not only the staffs don't know their right. I noticed the managers are trained not to make decision or scare to make decision. No wonder the quotation need COO signature, and one simple document need dozen signature. No wonder so many meetings but problems are increasing day-by-day.
Industry Week reports that the estimated cost of wasted time in unproductive meetings exceeds $37 billion annually. Estimate a meeting’s cost by taking the average hourly rate of the participants – a conservative estimate for managers is $40/hour – and multiplying it by the number of people at the meeting and the length of the meeting. You will soon realize how costly each ineffective meeting is.
The hard truth is that ineffective and unproductive meetings almost always lead to bad decisions, which is prime fodder for mediocrity. More often than not, meetings end up being time consuming, frustrating, wasteful and just downright infuriating, as they seem to go round in circles, cover old ground and review reports of things that seem to have melted away.