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Suspension and Domestic Inquiry

James
Member
Mon, 19 Feb 2018 05:13:18 PM

Hi,

I started work with a call centre on 3rd May 2017 as Senior Business Development Executive drawing a total monthly base salary of RM3,500 ( not including sales commissions which are recurring ). I subsequently got my confirmation letter on 1st November 2017.

My working relationship with my boss turned sour on the 2nd week of February resulting in me being issued a suspension letter ( paid leave ) from 7th till 13th February. I was issued a show cause letter on 13th February, Tuesday. I responded to the letter on 19th February, Monday after getting an extension of the suspension ( paid leave ) till 19th February by the HR Manager.

There is no doubt that the company wants to get rid of me by hook or by crook but they wish to do so to comply with Malaysia Labour Law.

I subsequently received an email on 19th February from the HR Manager stating that my suspension ( paid leave ) has been further extended from 20th till 26th February to accommodate a Domestic Inquiry and that I need to make myself available when the time comes.

My questions are:

1. As the HR Manager has had her chance to terminate my employment with the show cause letter, how legitimate and legal is this Domestic Inquiry? I have answered all their allegations and obviously they couldn't find a legitimate reason to terminate my employment after reviewing my reply. I have reasons to believe that the HR Manager will ask my colleagues and coach them to state their grievances with me, which I believe will be false.

2. Can the questions asked during the Domestic Inquiry be OTHER than the issues raised in the show cause letter?

3. Do I have a right to know beforehand who the witnesses are and what questions they wish to ask me at the Domestic Inquiry? I don't want to be ambushed and be caught unprepared.

4. Am I allowed to bring my lawyer along to sit in and observe and advise me?

5. Am I allowed to record the proceedings?

6. How best do I protect myself in the Domestic Inquiry? Can I choose not to answer certain questions? Do I have a legal right to confront my accuser(s)?

7. Are there any other issues of facts that you need to clarify with me that you deem relevant and important to my case before you can advise me?

I have accepted the fact that I will not be able to work in this company any longer. Thus, my concern is trying to get the maximum compensation, whatever the outcome of the Domestic Inquiry.

I have privately recorded my conversation with my General Manager when I went to the office on 13th February to collect the show cause letter. In the audio recording, he admitted that all my existing doctor customers have already been assigned to another customer service representative during my suspension and that I will not be entitled to any sales commissions for any recurring sales that might occur during my suspension period. He also admitted that I will not be entitled to any quarterly bonus from November till January as it's up to the company's discretion. The bonus is stated in my confirmation letter.

Please advise me as I don't know where else to get quick timely legal advice.

Thanks,

Ling

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