Unfair Termination Resolution Proposal

Samantha Sharminie a/p Sinnadurai A-43A-* Sentul Point Service Apartments Puncak Sentul, * Kuala Lumpur samantha.mangotraining@gmail.com * * December * Aisha Nachiah @ Nafisa binti Abdul Hamid Director Mango Training and Consultancy Sdn Bhd E13-13A, Plaza Mont Kiara, Mont Kiara, * Kuala Lumpur, Wilayah Persekutuan Kuala Lumpur Subject: Proposal for Resolution Regarding Unfair Dismissal Dear Director of Mango Training and Consultancy Sdn Bhd I am writing to formally address the circumstances surrounding my termination from Mango Training on October *, *. The manner in which my dismissal was handled was not only unfair but also unlawful, failing to comply with the terms outlined in my employment contract and fundamental principles of fairness. I believe this situation warrants immediate attention and a fair resolution. This letter outlines my concerns and proposes a course of action to resolve this matter amicably. Commitment to the Company Since joining Mango Training in *, I have been dedicated to its growth and success. As the sole business development and client relations personnel, my efforts have consistently driven the company’s profitability. My contributions include: Ensuring year-on-year increment in profits, allowing for bonuses, full payout of directors’ dividends, and salary increments for staff. Expanding the team by creating opportunities for additional staff members. Establishing and maintaining exemplary relationships with clients, who often expressed gratitude for my professionalism and helpfulness. These accomplishments are a testament to my commitment and value to the company. Challenging the Allegation of Being a “Threat” The assertion that I was a “threat to the business” contradicts my proven track record. If my role was indeed as crucial as stated, it is unclear how my presence could simultaneously pose a risk. I request the company provide specific, documented examples of actions or conduct that could reasonably lead to such a conclusion. Without such evidence, the claim appears unfounded and subjective. My performance, contributions, and positive relationships with clients and colleagues further disprove this assertion. Lack of Due Process The termination process was abrupt and failed to align with standard labour practices and the terms of my employment contract. I was: Not provided any prior warning or opportunity to address concerns. Informed of my termination via WhatsApp, without formal documentation or dialogue. Denied the chance to share my perspective by conducting due inquiry These actions are inconsistent with the Malaysian Employment Act, which mandates proper notice and a fair process in cases of alleged misconduct. Alternative Solutions Overlooked If concerns about my conduct genuinely existed, there could be a more constructive and professional alternatives, such as: A performance review or discussion to address the issues. Corrective action or support to resolve perceived challenges. Immediate termination without exploring these options reflects a lack of consideration for both the importance of my role and the principles of fairness. Professionalism in Handling Termination The way my termination was conducted—through WhatsApp and email, without prior notice or proper investigation—raises serious concerns about the professionalism and objectivity of the decision. This emotional approach by Alex Cummins undermines the credibility of the allegations and the rationale for the termination. Positive Relationships and Reputation Throughout my tenure, I maintained strong relationships with clients and team members. Many clients expressed their appreciation for my support, further reinforcing the value I brought to the company. There have been no complaints from clients or colleagues regarding my conduct, making the “threat” allegation even more questionable. Breach of Contract, Lack of Due Process, and Failure to Provide Evidence My termination was communicated late at night on October *, *, at approximately *:* PM via WhatsApp. The message from Alex Cummins stated: "Dear Samantha, I am writing to inform you that your presence at the office tomorrow will not be required. This decision has been made due to a breach of your employment contract, specifically concerning your involvement with another training provider, which is in violation of the terms of your agreement with us. A formal notice will be sent to you via email, outlining the details of this breach. We will also arrange a mutually convenient time for you to collect your personal belongings from the office. Best Regards, Alex Cummins" This abrupt action was followed by a formal termination letter on October *, *. However, no prior verbal or written warnings were issued, as required by my employment contract. Additionally, no inquiry or due process was conducted to address the alleged misconduct. The decision was made unilaterally and without adhering to the procedures stipulated under the Malaysian Employment Act *. As per Section *(*) of the Employment Act *, if the termination is due to alleged misconduct, the employer is required to conduct a proper inquiry, providing the employee an opportunity to defend themselves. Unfortunately, no such inquiry took place, and I was not provided with the opportunity to address the alleged misconduct before the decision was made. Furthermore, no clear evidence has been provided to me regarding the specific breach of my contract. It is particularly concerning that the termination letter I received did not mention or provide any documentation related to the "no-show clause" or any other evidence that would justify such a drastic action. The absence of evidence and the failure to allow me to respond before the dismissal highlights a serious breach of fairness, transparency, and due process. The failure to follow the Employment Act and the lack of transparency regarding the reason for my dismissal have made this termination both unfair and unlawful. This lack of process has resulted in unnecessary distress and has denied me the fundamental right to defend myself. Breach of Privacy and Denial of Access In addition to the manner of termination, my personal belongings were accessed and removed without my consent. I was also denied access to retrieve important personal documents, including appraisals and my employment contract, which were stored in my desk drawers. These actions have prevented me from seeking alternative employment and have affected my ability to defend myself effectively. Furthermore, I discovered that my e-signature remained on the office PC, and it was not deleted in my presence. The continued access to my office PC and email account raises concerns about the potential misuse or tampering with my documents. These actions violate my privacy and pose risks to my professional reputation and personal security. Failure to Follow Correct Procedures: As outlined in my employment contract, I was entitled to one week's notice prior to termination from Mango Training. However, I was not given this notice, nor was I afforded an opportunity to explain my side of the story before the decision to terminate was made. In similar cases, Malaysian courts have ruled that dismissal, even in the event of employee misconduct, may be deemed unfair if the employer fails to follow the correct procedures, such as conducting a fair investigation and providing the employee with an opportunity to defend themselves. For example: Chong Chiaw Chye v. Malaysia Airlines System Berhad (Award No. * of *): The employee was found guilty of misconduct (absence without leave and falsifying medical certificates), but Malaysia Airlines failed to conduct a proper investigation and did not give the employee an opportunity to explain himself. The court ruled that despite the misconduct, the dismissal was unfair due to procedural lapses, and the employer was ordered to compensate the employee. Koh Boon Huat v. FMSB (Malaysia) Sdn. Bhd. (Award No. * of *): The employee was accused of financial misconduct (misappropriation of company funds), but the employer did not follow proper procedures, such as conducting a fair investigation and allowing the employee to respond to the accusations. The court found the dismissal unfair and awarded the employee compensation, including several months' salary. Ravichandran a/l Subramaniam v. Syarikat Takaful Malaysia Berhad (Award No. * of *): In this case, the employee was accused of unauthorized use of company property, but the employer failed to provide a fair hearing or conduct a thorough investigation. The court ruled that the dismissal was unlawful, and the employer was ordered to compensate the employee. Proposed Compensation and Resolution Given the breach of process, the unfair and unlawful manner of my termination, and the distress caused, I am formally requesting the following compensation: Severance Pay Based on the formula provided under the Malaysian Employment Act, the total severance pay I am entitled to, calculated on my monthly salary of RM4,*, for my *.5 years of service, amounts to RM19,*.*. The calculation for severance pay is as follows: (RM4,* x 12 months) ÷ 365 days x 20 days x *.5 months = RM19,*.* Outstanding Commission In addition to severance pay, I am entitled to the outstanding commissions owed to me. The total commission amount due is RM12,*.*. This amount is based on the commissions calculated from invoices up until October *, *. I have detailed the commission calculations in an Excel file, and the invoices related to these commissions are available for reference. To verify the outstanding commission payments, the invoices issued up to the specified date can be cross-checked against the SST (Sales and Service Tax) payments made by Mango Training to LHDN. This will provide an additional layer of verification to ensure that the commission amounts owed to me are accurate and correspond with the payments made by the company. I trust that reviewing the invoice records and the corresponding SST filings will confirm the commission amounts owed and facilitate the prompt resolution of this matter. The commission total is RM12,*.* Compensation for Unfair Dismissal, Career, and Financial Disruption In light of the unfair and unlawful termination, coupled with the clear breach of my employment contract, I am formally requesting compensation in lieu of reinstatement. The termination process was carried out without adherence to the appropriate legal procedures as outlined in the Malaysian Employment Act, including failure to provide a fair opportunity for me to defend myself or explain my side of the matter. As a result, I propose a compensation amount equivalent to up to 8 months of my salary, which I believe is reasonable based on the circumstances of my case, my length of service, and the manner in which my termination was handled. This compensation is requested to reflect the significant financial hardship, career disruption, and severe impact on my livelihood caused by the sudden and unjust termination. The abrupt end to my employment has led to considerable professional and personal consequences, and has caused an irreparable setback to my career. This request for compensation is therefore made not only to address the breach of contract but also to compensate for the profound financial instability and damage to my professional standing and career prospects caused by the unlawful termination. Annual leave Entitlement In addition to the severance pay, I am entitled to compensation for the unused annual leave that I have accrued during my employment. According to my contract and company policy, I was entitled to 17 days of annual leave per year. As of the date of my termination, I have a balance of *.5 days of unused annual leave. Since I was terminated without prior notice or the opportunity to use this leave, I am requesting compensation for the unused leave days. Below is the calculation for the annual leave compensation: Monthly Salary: RM4,* Daily Salary: RM4,* ÷ 30 days = RM133.* Unused Annual Leave: *.5 days Leave Compensation: *.5 days × RM133.* = RM1,*.* Outstanding EPF and SOCSO Contributions: I request that Mango Training settle all outstanding EPF and SOCSO contributions from the annual leave payment, as required by law. Proposed Compensation Breakdown Severance Pay: RM19,*.* Commission: RM12,*.* Compensation for Career and Financial Disruption: RM32,* Annual Leave: RM1,*.* EPF and SOCSO Contributions: To be settled as per statutory requirements I trust that Mango Training will give this proposal the serious consideration it deserves and work towards a fair resolution in accordance with the provisions of the Employment Act. I remain open to discussing this proposal in detail and reaching a mutually agreeable settlement. However, please be advised that this matter has already been referred to the Industrial Court, and this letter presents an opportunity to resolve the issue amicably, thereby avoiding further legal proceedings. Thank you for your prompt attention to this matter. I look forward to your timely response. Yours sincerely, Samantha Sharminie *

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How about the compensation demand?