Unfair dismissal by Multinational BOI company

[akda]

My company has terminated me and given notice of one month because of Poor/Low performance.

I am looking to reach labor court for Unfair dismissal.

 

A little backstory:

• I am with this company for last 6+ years.
• I have not received  any written warning or notice about my performances.
• I have got good ratings as well but never got promoted but after I got lower rating. They are quick to terminate.
• The job which am doing is different than my actual job description. i.e I was hired for X technology but they making me work on Y technology. 
• I have not cause any damage to company in any way. It is just about performance.

 

Looking for suggestion from community:

• What should I do in this case?
• Can I raise complain to Labor office myself or do I need to hire a lawyer?
• Can I complain to Labor office after termination? Or do we have to be employed when raising complaint?
• Company agrees to pay severance as per law. But still it is clearly case of Unfair Dismissal.
• Can reach labor court even after receiving severance pay? I am mainly looking at continuous service in a different team where my skill can be better utilized.
• How long does it typically takes? 

 

Thanks for any insight 

[Ralf001]

Take the redundancy payout and walk away.

 

Had a similar situation.

 

Employed at BOI company 2006 to 2017.

Never a warning and always good performance reviews.

Called into HR.... got told the news we are making your position redundant effective immediately, 1 month notice but clear your desk today.

Told to sign some paperwork within 2 weeks and we will give you an additional 3 months salary on top of the full redundancy payout.

 

Cha Ching !

 

[steven100]

Accept it and move on ...

This is Thailand ... not the west, not UK or US where labor laws are enforced.

Maybe they made up an excuse or whatever,  but the reality is they want you gone.

Look at the positive side ... you got 6 years out of them. 

If you try and fight it and make problem ....  they will definitely hold a grudge ... and how long do you think you would last?

Accept it ....   move on ...   TIT

[FritsSikkink]

12 hours ago, steven100 said:

Accept it and move on ...

This is Thailand ... not the west, not UK or US where labor laws are enforced.

Maybe they made up an excuse or whatever,  but the reality is they want you gone.

Look at the positive side ... you got 6 years out of them. 

If you try and fight it and make problem ....  they will definitely hold a grudge ... and how long do you think you would last?

Accept it ....   move on ...   TIT

Nonsense, labor laws are very well protected by the Labour office. Labor protection is way better than in the US when talking about severance pay because of dismissal.

[FritsSikkink]

You get the severance pay required by law because of unfair dismissal. That is it, take the severance pay as you won't get anything else.

[steven100]

5 minutes ago, FritsSikkink said:

Nonsense, labor laws are very well protected by the Labour office. Labor protection is way better than in the US when talking about severance pay because of dismissal.

I wasn't taking about severance pay.  But keep going ...

[CartagenaWarlock]

Just now, FritsSikkink said:

Nonsense, labor laws are very well protected by the Labour office. Labor protection is way better than in the US when talking about severance pay because of dismissal.

There is no severance pay in the US unless it specifically mentioned in your contract or you've got a union job. Severance pay is common in the US for layoffs because most companies make it their HR hiring policy to attract people. Theere is no other labor protection in the US. Of course, there are other type of protections, like firing involving any form of discrimination, sexual harassment, etc. 

[impulse]

32 minutes ago, FritsSikkink said:

You get the severance pay required by law because of unfair dismissal. That is it, take the severance pay as you won't get anything else.

 

I think you're right there.  The premise of the OP's query is that there is some protection against getting terminated after decent performance appraisals.  I don't think that's protected in Thailand.   It could as easily have been he/she? got terminated because a new boss didn't like him.  Or because the company decided to hire someone more qualified to work on Y technology.

 

Even back in the nanny states, job performance and unfair termination claims generally only hold if there's a union, or if the employee can prove some kind of discrimination based on race, gender, etc.  We white guys almost never win those...

 

My advice would be to take the severance and leave on good terms.  Never know when you may need a letter of reference from a previous employer.