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HEADER _____________________________________________________________________________ _ Your Reference No Our Reference No Date : Please Advise : abc/2012-007/abb : 20 October 2012

BY HAND BY COURIER BY A.R REGISTERED

Datin Seri Farhani Kherna, No 1, Bukit Khay Toyol, Seksyen 2, 35000 Shah Alam, Selangor Darul Ehsan.

PRIVATE AND CONFIDENTIAL Dear Datin Seri, RE : ALLEGED UNLAWFUL DISSMISAL AND SEXUAL HARASSMENT AGAINST DATIN SERI FARHANI KHERNA BY BOTH MISS SUDI BUATJE AND MR JEEVES BUTTER. _____________________________________________________________________________ _ 1.0 With reference to the matter above, we have received your letter dated 18 October 2012.

We have perused your letter. Having fully understood your problem, we are now ready to advice you with regards to your problem, taking into account documents and clarification obtained subsequently..

2.0

MATERIAL FACTS 2.1 We were informed that you have fired both of your employees, who is Miss Sudi Buatje, your maid and your butler, Mr Jeeves Butler at the time you suffered serious rashes.

as you frequently touched his ears that caused him to turn red. without just cause on … (insert date) … 3.0 POSSIBLE CLAIMS AGAINST YOU 3.1 Possible Claims Miss Sudi May Have Against You. Buatje from disobeying your order. You were also alleged of causing battery against him. 2.2 Possible Defences You May Have Against Miss Sudi . 2. 3.2 We were informed that you first saw Miss Sudi Buatje and Mr Jeeves Butler scrubbing the floor at shopping complex.5 As for your butler. both of your former employees wish to take action against you. Mr Jeeves. Miss Sudi Buatje claimed that you were very rude and created a climate of fear at work due to your constant screaming which caused assault against her.6 As a result of those alleged unlawful dismissal made against Miss Sudi Buatje as well as sexual harassment made against Mr Jeeves. before decided to hire them as your employees despite knowing that they did not have any legal permit.4 We were also told that you threatened to transfer Miss Sudi Buatje to your palm oil plantation in Sabah when you were angry.2. since Miss Sudi Buatje started to disobey Datuk’s order whenever she was ordered to 2. you decided to fire her. Since Miss Sudi Buatje refused to take you seriously. you were alleged of sexual harassment by making sexual jokes on him. You later claimed that the screaming is a necessity to avoid Miss Sudi do something. Miss Sudi will probably alleage that on … (insert date) … you assaulted her and then subsequently unlawfull dismissed her. 2.3 During the course of employment of your maid.

we believe that it is our duty to highlight the possible claims that may be brought against you.2 In order to support their claim. they are entitled to the damages for the unlawful dismissal made against them. they might submit that there is no misconduct on part of them and further contends that they are entitled to the damages for the unlawful dismissal made against them. they might contend that people surrounds them will make an assumption that they have committed some sort of misconduct since they have been fired without any reasons.1 There are possibilities for both of them to submit claim for wages.3. neither was it admitted on her part as well. This may be the remedy available for them for the damages that they have suffered as consequences of the alleged unlawful dismissal.4 It could be possible that the act of you screaming and indirectly forming a fear climate of working place as well as your threat to send Miss Sudi to her an oil plantation in Sabah will be the facts highlighted by Miss Sudi to support their argument on this ground.3 The next possible claim that might be submitted by both of them will be on the ground of assault. 3. 3. we are of the opinion that the fear discussed in Miss Sudi’s case is not a case of reasonable apprehension of immediate infliction of force since there was no evidence that you have used some kind of physical force on her. which causes the plaintiff reasonable apprehension of the immediate infliction of a force into his person.4 Possible Defences You May Have Against Mr. Assault refers to an intentional and direct act of the defendant. 3. 3. 3. We believe that Miss Sudi has learned to understand .3 Furthermore.5 However. Jeeves Since both Miss Sudi and Mr Jeeves had been fired recently by you.3 Possible Claims Mr Jeeves May Have Against You 3. Thus. 3.

In relation to the contract of employment.9 It is also important to understand that claim for conduct of sexual nature would still depend on Mr Jeeves’s response towards your actions. Mr Jeeves’s failure to express his resistance towards your actions may make it hard for BHH to succeed in this claim.0 POSSIBLE DEFENCES FOR YOU 4. Battery is the criminal offence whereby one party makes physical contact with another party with the intention to harm them. Mr Jeeves did not seem to disapprove of your actions or show that your behavior was unwelcomed.8 Finally. Most of the time he would only smile and blush. Therefore. It was said that you also like to tease him with jokes of a sexual nature. Jeeves.1 We have clearly informed by that before you decided to hire Miss Sudi Buatje as your maid and Mr Jeeves Butler as your butler despite knowing that they did not have any legal permit. 3. 3. In order to constitute battery. However. 3. 4. they also might claim that there is battery was made against Mr Jeeves. It must be noted that it will be difficult for them to prove such allegation without tangible evidence and witnesses.that the working condition in your household is tough and constant screaming will only remain what it is and no physical harm was possible. it is established .7 This ground of battery could be possible to be claimed by Mr Jeeves since you have also stated that you frequently touched his ears that caused him to turn red.6 Besides. it will be predicated on your action where you purposely like to drop your scarf to the ground so that he has to bend over and pick it up and see his rear end. 3. we believe that you have no intention to harm him and you just wanted to make a joke with him by making the physical contact. with regard to the sexual harassment complained by Mr. for the claim to succeed. You did admit that you would tone your actions down if he did not approve of it. an offense must be intentional and must be committed to inflict injury on another.

all these statements reported by Miss Sudi are merely hearsay. we are of the opinion that. 4. 4. you had been very rude to Miss Sudi Buatje and had created a climate of fear at work through your constant screaming and most importantly the threat to transfer her to your palm oil plantation in Sabah. you had mentioned that you sometimes would purposely like to drop your scarf to the ground so that he has to bend over and pick it up so you can see his rear end. You also like to tease him with jokes of a sexual nature. you will not be liable for damages in the event that wrongful dismissal of Miss Sudi Buatje made against you through the termination of employment contract. since no express employment agreement between both of you.4 Miss Sudi Buatje argued that you have no contractual right to change Miss Sudi’s designation and place of employment. There is no contractual relationship in effect between you and Miss Sudi. On this point.earlier that the particular contract which was entered into by you and both of them is invalid since the contract made is contrary to the law. Most importantly. 4. 4.6 With regard to the sexual harassment allegation made by Mr Butler. . it can be said that your acts are considered a form of sexual annoyance as it causes disturbances in the working environment and may amount to sexual harassment. We therefore believe that your defence to a claim by Miss Sudi Buatje and Mr Jeeves in this instance would be the absence of contract of employment.2 Accordingly. there is no case on abuse or mistreatment of employees in breach of contract of employment. the act of you fired Miss Sudi was of no effect.3 We have also come to the understanding that according to Miss Sudi Buatje. which means all these statements will not be able to be admitted as evidence if any civil action was to be taken against you in court. therefore. Thus. therefore any express or implied termination of employment on your part will not amount to termination of employment agreement.5 If there is no clear evidence of physical or emotional abuse which may lead Miss Sudi to run away from your house. 4.

The alleged claim of unlawful dismissal made by them has no basis since there is no contractual relationship between you and them at the first place. there would be great difficulties in proving the allegation as it would require credible. you may be liable under criminal offence. Most of the time he would only smile and blush. Therefore.4.1 Based on the above matters.9 However.8 Mr Butler did not seem to disapprove of your actions or show that your behaviour was undesirable.2 Furthermore. 5. reliable and sufficient evidence as well as witnesses in order to support his accusation. Therefore. Nonetheless. battery and sexual harassment against you. this would still depend on Mr Butler’s response towards your actions. 5. Mr Butler’s behaviour may show that there was no sexual harassment. You did admit that you would tone down if he did not approve it. we are of the opinion that no legal action can be taken against you by both of them based on the reasons stated above. If he wishes to lodge a complaint based on the outrage modesty against you. as you frequently touched his ears that caused him to turn red. you were also alleged of causing battery against him. we are of the opinion that there is no possible remedy that available for you since Miss Sudi Buatje and Mr Jeeves cannot claim compensation for the unlawful dismissal. there also no sufficient evidence for the alleged claims by them which are the assault. 4. 4.7 In addition to that. He should have made you aware that in the future such conduct would be considered as irritating.0 REMEDIES 5.1 CONCLUSION . 6.

6. please do not hesitate to contact us. While we understand that as an employer you might make jokes with your employees and scolded them when they were at fault. Your sincerely.. we believe that in the event that they still bring the case to the court. you have possible and strong defences to rebut all the alleged claims by them. we firmly believe that you have a strong defence in the event that Miss Sudi Buatje and Mr Jeeves bring the case to the court.4 We kindly advise you to not easily hired people without any contract signed between both of you. We hope that our advice is sufficient for your present needs. If you have any further inquiries.3 6. (ABC BIN CDE) Advocate and Solicitor . we would like to subtly remind you to not excessively use your power as an employer as your employees might react negatively with all your treatments given. 6. Signature???? Anonymous ……………………………………. We hope that you would take deep consideration for the advice we offered. we would be pleased to act on your behalf when there be any legal action against you.5 If you choose to retain our services. 6. there is no contractual relationship between you and both of them to regulate the termination made by you. Besides. 6.1 Based on the facts explained to us in your previous correspondence. We will patiently await your further instructions.2 However.

The one bright light is that your ‘Material Facts’ is a huge improvement from the last letter. If this were from class 2G and 2H. 4. 5. Poor language. 3. I would not be surprised. Barely deserves a pass grade. Additional comments 1. Use of existing evidence is very weak. 6.Shah Alam. Issue are very poorly thought out. Selangor. . Most of the language ie either cut and paste. or a poor translation from Bahasa Melayu. especially from students from Class 2A and 2B. 2. Very disappointing.