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Sharing | My experience when appeal for unfair dismissal (MOM/TADM) Do's and Don'ts

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Old 09-08-2019, 10:03 AM   #1
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Post Sharing | My experience when appeal for unfair dismissal (MOM/TADM) Do's and Don'ts

Note: Do not incite anything against me just stick to the thread.

I think most agree these days MOM/TADM tend to be pro-employer
than pro-employee.
I don't want to whine or complain about the implication when
appeal for unfair dismissal last year since I also suffer work injury.

Which I should have gotten help from lawyer than seek help
from MOM/TADM.
The worst part about this is having to wait 9 months just for
the case to be dismiss.

Even if they were to take this long to investigate/evaluate the case,
at least some form of compensation. If there is ruled out as no fault
than why need to wait so long?

At least within 3 months case can closed so employee can have a closure than move on.
Anyway that is why I create this thread, I hope anyone who appeal can take note.
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Last edited by techidiot; 09-08-2019 at 10:37 PM..
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Old 09-08-2019, 10:03 AM   #2
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Things to take note.

- When appealing for unfair dismissal.
Write a short summary about event leading up to the dismissal.
Don't be long winded.
Cases involving work injury or workplace safety.
You can appeal but after the case concluded at TADM,
quickly seek help from lawyer.

- Try not to badmouth the employer or place of work.
If you make a mistake than openly admit it.
Than turn the table around, cite any mistake they make
than see how they react.
This way you will determine whether there is chances for you case or not.

- For any claim whether medical expenses or wages, don't sit around
and thought they will do anything during the appeal.
Follow up with TADM about any unpaid expenses or wages, if they did not able to help like in my case.
Than speak to your employer directly see whether can resolve or not.
All else fails unless cases for work injury, if MC or expenses wasn't paid promptly route to a lawyer.
Bonus is subjective so very hard to fight.

- Total lead time maybe 3 - 6 months case by case basis.
But don't assume case maybe in your favor, if possible start sending resume
while appealing.
Cuz what if after a long wait and sit through all the process and you got nothing than at least you get a job.
Finding a job these days is difficult especially with influx of FW/FT.

So don't wait for it, find job elsewhere at least your CPF and bank account are supplement.


- Don't expect any form of proper closure but generic answer from either party.
This area to anyone will sound unfair, example like if your boss accuse you of something you didn't do.
If you want such dispute to be address, try to do it during mediation.
Else speak to your employer about it, however they may not be obliged to answer.

At least inform them, you want a closure about dispute at work.

Last edited by techidiot; 09-08-2019 at 03:08 PM..
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Old 09-08-2019, 10:09 AM   #3
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Was hoping you would share more
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Old 09-08-2019, 10:53 PM   #4
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Things I hope MOM/TADM should improve on the appeal process:

- Gather information from both parties, understand
what are the key issues prior before mediation.
My experience was within one session, hardly can bring up
any issues.

- MOM/TADM whether at mediation or later stage,
should at least give a week window.
Let each other decide on best course of action,
negotiate if within a week cannot reach a final decision
than either close case or appeal further.
It should have not been just one session.

- Both employer and employee should present their decision
and what they want best.
Given my experience, I feel whatever decision was solely
on the employer not the employee which shouldn't be the case.

Example:
Employee: I didn't do anything wrong as there was lack of communication at work.
Present what dispute/case that lead to termination.
Employer: We don't wish him/her to be reinstated as we find the person
tend to insubordinate.
Present what dispute/case that lead to termination than explain.

- Provide allowance while waiting for the appeal especially if one is seeking employment elsewhere.

Such process should help employee to fight for his/her employment rights and understand what was the rational behind termination.
Instead of ensuring company dismiss according to the employment act,
as even if they do follow the act.

There may be underlying issues within the company especially for coy with high turnover rate or always hiring similar positions.
Some could be communications issues or how the respective person in charge treats and manages his/her own staff.

Like not recognizing one's contribution and effort, harsh treatment by respective in charge. Like when project/job not done properly, he/she will be yelled at.

Or worse accusation that he/she had committed at work but there was no concrete proof to fault the employee.
No one in this world is prefect, whether employer or employee that is why such program should help to bridge between the two parties.
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Last edited by techidiot; 10-08-2019 at 10:35 AM..
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