# Warning letter for no reason



## Georgex (Mar 5, 2016)

Dear all
I am working for a fit out company the past 11 months (27/4/15). Without any issues from my managers any obviously no problems i was called by the HR manager to give me a warning letter. 
On the letter says only poor performace. When i asked what exactly is the problem so i can improve? Myself he replied that the only thing he can say is poor performance. 
I called my PM and PD and none of them made any complaints about my performance. 
However my project Director told me that this is happening due to lack of projects and that i am too expensive for my company. 
I didn't sign the letter and even when they sent it to me by email I didn't reply. 
Obviously if they want to terminate i dont think i can do much. 
How quickly they can terminate me?
Do i have to sign it if they keep pushing?
If i go to MOL , will change something or i will loose my time?
I have a unlimited contract
Any suggestions?


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## Chocoholic (Oct 29, 2012)

Basically they know full well they can't terminate you for no reason, so sounds like they're trying to make a case for terminating your contract. 'Poor performance' with no elaboration is a flimsy excuse at best.

To be honest I'd call the Ministry of Labour and see what they say.

The company knows full well, that if the terminate you without reason, you can file a case against them for unfair dismissal. They also know they can't make you redundant without valid reason.


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## Georgex (Mar 5, 2016)

what can i achieve if i file a cace for unfair dismissal.I dont think they want me to go for any reason to MOL as our salaries are 3months back delay.On the other hand i am afraid that if i make a big issue they will not pay me or they will but after long time which i cant afford to stay without money.


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## Chocoholic (Oct 29, 2012)

They haven't paid you for 3 months? I'd 100% be going to MOL! You need to demand your payment. 

Maximum you can get in court for arbitrary unfair dismissal is 3 months salary.

They don't sound like a very good employer to start with.


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## Georgex (Mar 5, 2016)

let me explain the 3 months delay of salaries.when i joined the company they said that i will get my first salary after 1,5 month.after the 3rd salary they delayed another 15 days and on december 2015 they skipped entirely the payment ..so now they have to pay me 3 salaries plus if they terminate me tomorrow for example 1 more moth as notice period if i am correct.


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## Chocoholic (Oct 29, 2012)

They shouldn't be delaying your payments full stop! They owe you money - end of story. I'd call the MOL and discuss with them what you can do.


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## Georgex (Mar 5, 2016)

if i go to MOL how long it will take we can arrange this? what i want to say is that i cant afford to stay without salary for 2 months


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## Georgex (Mar 5, 2016)

i called MOL and i will go tomorrow to check with one of their employees .should i wait till i get the termination letter first ?


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## twowheelsgood (Feb 21, 2013)

I thought open ended contracts had termination for convenience in them, os they can just let you go witout any other reason than the company need to.

I think its entirely seperate to the non-payment issue but i suspect they are trying that on to avoid paying out the full amount.

But straight to the MOL is what is needed - it doesnt matter how long it takes as the time doesnt start until the OP goes to see them.


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## Georgex (Mar 5, 2016)

from other people that have been terminated i know that they got full their money and they were on the same situation with me. 
i dont think i can avoid termination. so as i see it i have 2 options.
option one: i sigh everything and in one month they terminate me ,i get my money and continue to a new company
option two: wait till termination letter. then i talk with MOL i get my salaries and i open a case for unfair dismissal. in this case i delay my termination and maybe will get something extra.

note that if i pass one year i get a indemnity payment


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## twowheelsgood (Feb 21, 2013)

My point is that there is no concept of unfair dismissal for open contracts. 

This isn't Europe. 

The rules are different. I was terminated for convenience - no animosity or rationale. Just a cheque and goodbye.


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## w_man (Apr 16, 2010)

Georgex said:


> from other people that have been terminated i know that they got full their money and they were on the same situation with me.
> i dont think i can avoid termination. so as i see it i have 2 options.
> option one: i sigh everything and in one month they terminate me ,i get my money and continue to a new company
> option two: wait till termination letter. then i talk with MOL i get my salaries and i open a case for unfair dismissal. in this case i delay my termination and maybe will get something extra.
> ...


Or Option 3:

Go to MOL right away - specifically in regards to your delayed salary. While there, also talk to them about this 'warning' you have received so perhaps it's on the record. Once the MOL get involved, you WILL get your salary paid and if they terminate you later because of 'poor performance', you can then start a case against them and hopefully your earlier discussion with MOL about the warning will be on record.

I feel the above is the best route. Don't delay going to the MOL - specially in regards to your delayed salary. Also, take a look at your contract to ensure what another user is saying - do they even need to give you a reason to terminate you!? 

Good luck and let us know how it goes.


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