A Betrayal, A Misguided Move Or Just Out Of Desperation?

The visit to the labour court recently was in fact the first in my career so far. I was there to answer a charge by an ex-colleague, AM who alleged that my employer had wrongly dismissed him and the notice of resignation tendered as evidence of his resignation had nothing to do with him at all. Although we hardly meet each other, my impression of AM is an honest, simple frail-looking man in his sixties who had served my employer for close to eleven years. He had demanded compensation for pay in lieu of notice and termination benefits. During the mention when the charge was read, I insisted that AM had in fact tendered his resignation and not dismissed as what he had claimed. Although too early for submissions to be made, the labour officer however took the trouble to hear stories from both sides.

I explained that AM, being illiterate had requested the assistance of a colleague to draft a resignation letter as a guide for him to prepare one of his own. His immediate superior subsequently read out and explained the content of the draft, the process which was witnessed by a third colleague. AM apparently took the draft home, presumably for his further reference or action. The very same draft was however submitted by him to his immediate superior the following day but this time, bearing a signature which I was not in the position to verify as his. I argued that AM cannot deny that the notice of resignation was not his even though nobody had seen him signing the draft. Further, he had the whole day to study the implication of the letter suggesting that he was not under any duress to resign at all. Witnesses were then called to support the argument.

After some coaxing from this head of department, AM admitted that he had indeed signed and submitted the notice which he couldn't figure out the implication of his act. He still loves his job very much but due to the distance from his home to the new workplace assigned to him recently, he had no choice but to stop work as he has no mean of transportation and is also not in the position to bear the extra expenditure. Agreeing that he may not be entitled to any payment of compensation, AM however appealed for some gratuity on ground of goodwill which was supported by the labour officer citing his current poor financial position and advanced age.

I clarified that the relocation is out of no choice since the previous workplace is no longer available due to the completion of project. Further, AM has not been subjected to any unfair treatment as his working hours, position as well as wages are practically unaffected. The relocation had in fact affected all other employees and AM's new workplace is not unduly far, apparently still within the same municipal boundary.

I contended that AM's action has brought adverse effect to the employer's reputation but as a colleague to him for years, I could refer his request for the management's consideration. Gut feeling tells me that on his own, AM is incapable of such action as it is not his nature to do so unless he had been misled, which AM had surprisingly denied. Maybe it could be owing to financial pressure but AM told that he had got another job near his home which pays him more than what he had received previously despite his advanced age.

Anyway, I went back disillusioned pondering what prompted this man's thought and action but nevertheless still glad that the allegation has been set aside and in term of life experience, I'm now slightly wiser.