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showcause letter & hr decision

Nadiah  
Guest
Thu, 11 Oct 2007 03:29:20 PM  (Last updated: Thu, 11 Oct 2007 04:48:06 PM)

I was issued a showcause letter somewhere July '07 due to my punch card was punch by other staff from Jan - June. Then, was suspend to work for 2 weeks without salary then suspend till end sept for their investigation purpose but i was paid with salary.

I replied the showcause letter within the 3 days and i admitted the charge but i am in the office all the while is just my card was punch earlier.

So, since i admitted in my letter that reply to then. No domestic inquiry for my case and my company downgrade my position from admin assistant to clerk and cut my salary 10% from 1675 and now 1508.

but in the letter my company never mention about the downgrade period and pay cut till when? am also not entitle for this year increment just recently bank in to staff on 25/9/07 and also not entitle for this month bonus bank in to staff on 10/10/07.

on 8/10/07 i just receive a transfer letter from my company to transfer me from sales office to region off without stated any reason in the letter. location of transfer is in penang.

can i resign under protest.

kindly advise. thank you very much.

KL Siew
Administrator
Thu, 11 Oct 2007 03:59:42 PM

It looks like your employer is giving punishment 3 times over i.e 2 weeks without pay, downgraded with 10% salary cut and a transfer. In fact you may have good grounds to resign and claim that you are construtively dismissed. But I would not want to advise you to do that because I don't know the full facts of the case. Before you do that you better get advice from the Industrial Relations Department. At the same time you may want to consult the Labour Department about the downgrading because they have the power to set aside the decision of the employer.

Nadiah
Guest
Thu, 11 Oct 2007 04:16:50 PM

i went to IR before but they told me they cannot do anything unless i resign already then only they will fight the case and the % of win very thin.

btw, the labour off also can't help due to my salary is over rm1500.00

is there any option beside this.

KL Siew
Administrator
Thu, 11 Oct 2007 04:44:44 PM

If that's the case, consult the Malaysian Trade Unions Congress MTUC see whether they can give you some advice and help.

Nadiah
Guest
Thu, 11 Oct 2007 04:48:06 PM

Thank you for your kind assistance.

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