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I wish to get legal advice and assistance with an employment…

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I wish to get legal advice and assistance with an employment contract dispute, ongoing now for 5 weeks

Lawyer's Assistant: Was this discussed with a manager or HR? Or with a lawyer?

Discussed with HR, COO and CEO. but I only have silenced from all of them

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

At will. Contract is formed in ECCL Singapore, but company is Australian Company SMEC

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I cannot think of anything for now

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Answered in 5 minutes by:
4/13/2018
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,958
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Good Morning

What exactly is the issue?

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Customer reply replied 4 months ago
on the 9th March I was contacted by phone COO and 14 minutes after sent a letter from HR for instant dismissal

Good Afternoon,

Are You Employed in Australia or in Singapore?

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Customer reply replied 4 months ago
I am employed by singapore contract but work across South East Asia. Actually living in Vietnam. Expat
Customer reply replied 4 months ago
Is it SMEC policy now for silence and not reply, don’t care and do nothing, kick out and ignore? The LAWS in Australia do not even accept this treatment to an animal, but in SMEC appears to be the norm and acceptable?After all, I have given SMEC more than 7 months of dedication and commitment, ahead of my family, in order to secure and stabilise my families future within the SMEC family, only to result in instant False Termination without reason and/or payment, and destroying my career and family future.I was clearly focused on a long term career with SMEC, and is why I gave so much of my time and effort up-front, with my family’s support, who agreed to be uplifted and moved to Vietnam, where it was agreed with my line Manager, Bill Middleton, that would be my home base country, and signed the children into courses that we can now no longer fund. Well done SMEC. What should I do with my family and children now??SMEC has made so many mistakes with my termination, for which a lawyer would love to have a party with, if only I had the money to spend for such cause. But this, to my family and I, is not a game, as SMEC seem to think they have the God given rights to play and want to destroy my career and family. My preference is to resolve this amicably, and not spend the money on the lawyers, for which I need the money more to take care of my family, and restart my career. How about this fact for you both. My wife only yesterday wanted to sell her wedding and engagement ring, to ensure that we still have money going forward to pay for our bills. How would you feel about this? Also, I am looking for a new job, but it is not so easy for someone of my age and level of experience, who is unfortunately tainted with the brush of uncertainty and disgraced by SMEC without due reason or explanation for wrongful termination. And what do I tell the children now, where do we go, and what do we do? What about their studies and future? What would you do and say???? I know I have not done anything wrong, and performed my role as Rail Manager, at the highest level of professionalism and expertise in accordance with my assigned and directed duties and responsibilities.How do you, SMEC, validate your failures?1, SMEC was required to respond to my appeal
2, No termination can proceed whilst under dispute and appeal
3. Due reason should be given for termination, with appropriate notice period (4 weeks)
4. In case of Wrongful Dismissal, as is clearly this instance, then the company must reinstate and/or agreeable compensate,
5. Employee to remain with payment until dispute/grievance is resolved.
6. Settlement should be resolved within three (3) days of agreement. Not silenced and ignored with the hope it will go away, as is this case with us.If you guys (Hari/Bill) are not the reasonable, compassionate, responsible and understanding people to resolve and settle this issue immediately, then please refer me to the correct person,This is not going to go away.Please help to resolve this immediately, so that we can all move on and reset our future. TODAY.Sincerely yours

The payment for the call has failed.

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Customer reply replied 4 months ago
hello

Because you are working in Singapore you are not covered by the laws Of Australia Even Though the company's Australian.

It is the jurisdiction that you are working in the covers you for unfair dismissal etc

Unless your agreement stipulates that you are covered under the Fair Work Act I'm sorry to say they do not apply to you.

All these failures need to be addressed in Singapore under Singapore not Australia.

I'm sorry I cannot give you anything more positive.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

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Customer reply replied 4 months ago
Well I am now lost for direction, so I am not sure if this has help me at all?

Good Afternoon,

I suggested she put together a detailed statement setting out all the errors by your employer and any correspondence between you and them.

Being in Singapore you will need to use a Singapore solicitor.

Once you put together the statement and also your copy of your contract you can contact the Singapore law society are which is as follows

http://www.lawsociety.org.sg/For-Public/Find-a-Lawyer-Law-Practice/Find-a-Law-Practice

they will be able to give you a referral for someone that can assist you.

The sooner this is done the better as in employment matters when you are terminated any delay usually goes against you.

I hope this is clear and has assisted you with your question today.

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,958
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
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