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Unions' Push Helps Win Case Of Unfair Termination

How UWEEIs persistence helped a member, who was unfairly retrenched, fight for his rights
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06 Oct 2013
Unions-Push-Helps-Win-Case-of-Unfair-Termination.j
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In his 12 years as a CNC Setter at UMS Private Limited, Mr Zhao has been diligent in keeping his professional track record clean.

His annual increments and variable bonuses are proof of the 47-year-old's consistent good performance and contributions to the company.

He was ready to spend more years in the company when on 9 February 2012, Mr Zhao received news from the management that was the farthest thing from his mind. He was terminated.

'I was helpless and the only thought I had was about my family of three - how was I going to manage?' Mr Zhao said.

It was an incident on 29 December 2011 that the management had used as a reason for his termination. While checking one of his tools with his colleagues, Mr Zhao accidentally dropped the instrument on the floor causing it to be slightly damaged.

'In fact, I intended to repair it as I was confident I could fix at least 80 per cent of the defect. After all, this would save the company additional expense on replacing it with a new tool,' Mr Zhao explained.

His superiors instructed him to submit a report on the accident and he obliged a few days later.

In the meantime, Mr Zhao carried on with a huge order of 35 rimmed components so he did not have time to repair the tool that was left aside.

More than a month later, Mr Zhao got the shock of his life when the management informed him that he was to be dismissed for intentionally covering up the incident - a serious violation of the company disciplinary code.  

He was given a month of salary with an encashment of his annual leave.

He took no further action, but after a few days, one of his friends, a union member like Mr Zhao, contacted Ms Charlotte Wong, the United Workers of Electronics & Electrical Industries (UWEEI) Head of Industrial Relations then.

Through Ms Wong, they were able to gather substantial facts that might raise questions on Mr Zhao's dismissal such as his refusal to take a pay cut in September 2011.

Ms Wong found all the incidents very fishy.

'As the company seemed to be 'slyly' looking for ways to lay off its workers without compensating them fairly, we (UWEEI) were strongly of the view that Mr Zhao's termination was actually a retrenchment in disguise,' said Ms Wong.

During this time, the toll on his morale made Mr Zhao almost give up on pursuing the matter. But UWEEI remained steadfast in the fight for justice.

'Although I was more interested in moving on after I found a new job, Ms Wong never gave up and did all the leg work for me. She would call me and painstakingly gather all the information. I could tell she looked through every minute information I gave her to prove my innocence,' said Mr Zhao.

Justice Served

UWEEI requested the Ministry of Manpower (MOM) to direct the company to reinstate Mr Zhao in his former employment without any break in his service or loss in wages or benefits.

Pursuant to Section 35(3) of the Industrial Relations (IR) Act, UWEEI General Secretary Tan Richard wrote an appeal on behalf of Mr Zhao to MOM.

After several rounds of discussions, the mediation at the MOM reached a stalemate.

In September 2012, the ruling turned out in favour of Mr Zhao, and directed the company to pay the member $65,340 on 14 June 2013.

Mr Zhao received his cheque on 13 July 2013 from an MOM officer in the presence of Ms Wong who worked tirelessly without giving up for a fair verdict.

Like Mr Zhao, UWEEI has an increasing number of Professionals, Managers and Executives (PMEs) in its care. The union goes all out to represent their rights at the workplace and provide recourse for their grievances.

Original article written by Naseema Banu Maideen, and can be found in NTUC This Week (27 September 2013)

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