HUMAN RESOURCES
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FORCED RESIGNATION
Source:`New Straits Times - Appointment' -- dated 16 February 2002 by Hew Soon Siong

The employer-employee relationship under the common law on resignation or termination is settled. Just as an employer has the right to terminate the service of an employee with just cause or excuse, similarly an employee has the right to put an end to his contract of employment by intimating to his employer of his intention to quit by way of resignation. An employee who makes known of his intention to resign from the job to his employer, who accepts his resignation, the contract of employment comes to an end.

For there to be a resignation on the part of the employee, it must be apparent that there was a real choice on the part of the employee to be exercised and not as a result of the action of the employer. In other words, resignation must be voluntarily tendered. Therefore, a resignation is defined as the voluntary termination of the employment contract by the employee but not because of the initiative of the employer.

Force resignation usually happened when an employer does not like a workman and wants to ease the workman out of his organisation but does not want to dismiss him and face the consequences. The employer wants to make the process as painless for himself by employing subtlety of means or he may under the guise of exercising the management power of transfer or demote the workman. Generally speaking, he will make his life so unbearable for the workman so as to drive the latter out of employment. In the normal case, the workman being unable to tolerate the acts of oppression and victimisation will tender his resignation and leave the employment. The question will then arise whether such departure is a voluntary resignation or dismissal in truth and fact. It appears in the circumstances whereby the use of persuasion by an employer to obtain an employee's resignation or an employee was put under compulsion to resign, such as where the employee resigns under duress is an involuntary resignation which would constitute a `forced resignation'. It is settled law that a `forced resignation' is a dismissal and the employee has the right to claim unfair dismissal under Section 20 of the Industrial Relations Act, 1967 . The onus of proof is on the employee that he was forced into resigning and not a voluntary act.

It will be clear that the underlying basis of the doctrine of `forced resignation' is the existence of facts showing that an employee was put under compulsion to resign and that if he declined to do so, the employer would proceed to dismiss him in any event. There must be disclosed in the evidence elements of persuasion, for example that it would better for the employee to resign with a record unblemished by a dismissal or even the provision of a favourable, or at least, a neutral letter reference to prospective employers.


HUMAN RESOURCES
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NINE WAYS TO LISTEN TO CUSTOMERS
Source: ` New Straits Times - Appointment' -- dated 2 December 2000 by William Band

Listen, understand, and respond to customers. That's one of the top operating principles of companies recognised as model service providers. They ask customers in various ways, “How are we doing?” And when the answer is “ Not so hot”, they act.

Listening helps these companies kept tab of the wants, needs and expectations of their market. It turns up unexpected information and gets customers involved with a business, breaking down the `them vs. us' barriers.

The question now is: How can a company listen to its customers? There are least nine basic ways:-

  1. Face to Face
    The simplest methods for questioning customers is one on one, asking what they like or dislike about your products and services. Instance: Jere W Thompson, president of Southland Corporation, works a shift at one of the company's 7-Eleven stores when he wants to know what is happening in the marketplace, a tactic that gives him a real than just a statistical view of customers, and a first-hand look at the paperwork required of line employees.


  2. Market Research
    Another method of listening to customers can be market research – doing focus groups, conducting surveys, studying demographic and psychographic pattern, all aimed at trying to ready trends and predict changes in the marketplace. In conducting focus groups a third party facilitator with an unbiased view of the company is an invaluable resource. Two keys factors in running successful focus groups:
    1) Interview customers who have similar experience with the company; and
    2) Don't let decisions be unduly swayed by one customer from the radical fringe of business reality.


  3. Employee Visit Teams
    A number of service companies regularly send employee teams to visit customers to discuss needs and problems. The teams are composed of different frontline people each time. They have a specific agenda and are obliged to share their findings and recommendations with management.


  4. Customer Hot Lines
    One of the most frequently used and most effective method for staying in touch is a toll-free telephone line. A useful practice employed by many companies using toll free telephone lines is to bring together the people who answer the phone to discuss their sense of what is happening in the marketplace.


  5. Complaint Advisory Panels
    Retailers often use panels to anticipate fashion trends and to look for feedback on design, standards and pricing.


  6. User Groups
    Customers often organise to share information and ideas about the use of products. Case: Apple first introduced its Macintosh computer to the Boston Computer Club.


  7. User Conference and Seminars
    Many business-to-business companies sponsor educational events for customers and potential customers, traditionally viewed as a chance to promote a product or service.
However, many companies use the opportunity to listen as well as tell.

Note: None of these methods is foolproof or complete in itself. The trick is use many methods, to hold continuous dialogue about the needs, issues and problems that are important to customers and to the company that offers the right responses.



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