Major Teoh’s Blog

February 8, 2007

“Court throws out claim for constructive dismissal”

Filed under: Industrial Relations — Major (Rtd) Teoh @ 11:03 pm

“Court throws out technician’s claim for constructive dismissal”


 

I refer to the article, “Court throws out technician’s claim for constructive dismissal” by CHELSEA L.Y. NG in The Star  on February 8, 2007

From the facts presented in the brief news report, I am of the opinion that this is a straight forward case of the employee walking out of his employment without just cause. This employee has been ill-advised to go for a constructive dismissal.

Instead he should have been advised to get himself boarded out and enjoy the full benefits SOCSO. His fear is perceived. It is just a figment of his imagination that the employer is after his throat. The intention of the employer is bona fide but then it is perceived by the employee as otherwise. 

Advising a sick employee to be medically boarded out should not be misconstrued as a breach of the employment contract, especially when this employee has a past record of heart problems.

Had this employee been healthy, it would have been a different case all together. That being the case, we can imply and assume that the employee is being forced and harassed into resignation and it can be deem as unfair dismissal too. 

Constructive dismissal is when the employer makes it difficult for an employee to remain in employment. There must also be a fundamental breach of the employment contract that evinced an intention not to be bounded by the terms of it.

Some of the tactics which are used to hound you out of employment are as follows:

  1. Unfair salary cuts;
  2. Changing your job content or terms without consultation;
  3. Loss of existing benefits
  4. Loss of privileges
  5. Not giving you work to do;
  6. Transfering you at a moment’s notice without just cause or reason;
  7. Ignoring you – putting you in cold storage
  8. Making false accusations of misconduct or incompetency;
  9. Victimising you;
  10. By not co-operating with you on critical issues;
  11. Excessive demotion;
  12. By humiliating and belittling you infront of your subordinates;

A case for constructive dismissal, from start to finish, can be very harrowing, tormenting and stressfull at times. Evidence will have to be meticulously collected and compiled to support your case. Your grievence should be made known to management in writing and you should seek for redress and remedy within a given time frame.

At the expiry of this time frame you should walk out of your employment and file a claim for constructive dismissal without further delay.

Just sharing.

Regards,

Major (Rtd) Teoh

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