Catfight between employer and employee raises questions on employment rights we should know the answers to

Knowledge is power.

Mandy How | March 04, 2017, 03:29 PM

Everyone wants to leave their company on a good note. This, however, was not happening for one particular employee who was in a company distributing baby food.

A series of emails was sent to Mothership.sg by Lim (employee), detailing an account of her dispute with her employer on: 1) her right to apply for urgent leave and 2) her salary for the last working day, among other matters such as claims.

How it began

Based on the emails, it appears that when Lim was terminated from her position, she received the following email from the HR department, to which she replied in red:

labour dispute 1

labour dispute 2

Almost simultaneously (i.e sent around the same time as above), another thread of email was exchanged between Lee (employer) and Lim (employee):

labour dispute 3

And the reply from Lim (employee) to Lee (employer):

labour dispute 4

A summary of the main issues

The employer's side of the story

For the month of February in the the days leading up to Lim's termination (Feb. 1 - 12), Lee (employer) alleged that the former has worked for a total of six days (instead of the full eight days).

Besides two days over a weekend, two days were used for urgent leave and unapproved urgent leave respectively.

Furthermore, there have been other times where Lim (employee) requested to leave work earlier in order to settle some matters at her son's childcare centre.

The employee's side of the story

Lim acknowledges that the first day of urgent leave was unpaid.

As for the unapproved urgent leave, she claimed that she was on medical leave, which she backed up with a WhatsApp screenshot and a photo of the MC:

10 Feb MC

Therefore, her total working days for February would be 8 days, taking into account the MC and her last day on Feb. 13, when her employment was terminated in the morning.

Throughout the e-mails, there were repeated mentions of MOM regulations by both parties and the action of bringing the matter to court by Lim.

As there seems to be no concrete proof of either party's argument, there's no telling what's what. One thing for sure: it's trouble for both sides.

So here's what you need to know about the two main concerns, taken from the MOM website:

1) The nature of urgent leave

There appears to be no section on "urgent leave" so "childcare leave" will be the next closest thing relevant to this case.

childcare entitlement 2

childcare entitlement 1

mom childcare leave 2

mom childcare leave For more information on this matter, visit here.

2) The salary due for last day of work

mom paying salary

mom how to calculate

*Gross rate of pay is your basic rate of pay plus allowances.

gross rate calculator

mom definitions mom definitions 2

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