| (Copy of) Open Letter to Mr Jeroen van der Veer, Chief Executive Royal Dutch Shell | This
direct and personal letter to you is prompted by my belief that,
subsequent to being diagnosed with depression, my particular experience
with Shell and its decisions are part of a much larger and more
general issue which has great impact on human dignity and a person's mental wellbeing. Furthermore, I have exhausted all avenues of appeal within the Shell Malaysia Local Management team. Based on a number of mitigating circumstances described in this letter, I wish to appeal the MBR decision be reversed. Absent a positive outcome, I demand for a fairer and more equitable gratuity package considering the fact that I am now not employable following a Medical Board.. Part of a more generous package would be used to finance the setting up of a self sustaining Eco Organic Farm outside Kuala Lumpur. After my dismissal from Shell, I will not very likely find any sustaining employment opportunity and the Farm will hopefully bring some income. I write this letter with the hope that Shell will reconsider my case and take positive steps to improve the implementation of their HR policies. I was once a member of the Shell family. I wish to emphasize that in the days when I was well, I contributed my best in my work and reportings which helped the business. I gave my superiors and colleagues solid business advice along with valuable information and insights into the business. I was recognised as a good leader, problem solver and especially team builder. I was the woman working behind the scenes, providing good ideas, inputs and solutions to projects and programs which my colleagues were tasked to perform. Yet in the end, none of these seemed to matter. |
In what follows, I argue that Shell, morally and technically, was to a large extent responsible for the onset of my depression. I was put up as an unofficial Team Leader responsible for Convenience Retailing in September 2001 and was officially promoted in December 2002. This was announced publicly via companywide email. However, during a Retail Convention in March 2004, my supervisor told me that the upgrade or promotion was not justified as the job elements were not seen as substantial. The promotion was withdrawn.
The manner in which I was told (being pulled out of the convention hall into a corridor) and the timing were extremely inappropriate and unprofessional. There were no apologies, nor any explanation to my co-workers and subordinates. I was devastated, suffered great humiliation and experienced a total loss of "face". Rumours and speculations spread regarding my ability as Team Leader. I was also pregnant at that time.
With no one realising that I was already in the early stages of depression, I was put into situations and events that pulled me deeper into depression. For example, my supervisor, while acknowledging in my presence that I had always done a good job, would not provide support during meetings and would instead prefer to play to the galley. He eventually admitted that he had been too hard on me and apologised prior to his departure from Malaysia. Unfortunately, the apology came too late.
The Shell EAP (Employee Assistance Programme) counseller confirmed that the promotion followed by rejection events was the trigger for the onset of depression and concluded that Shell had treated me unfairly. She was surprised that I tolerated this treatment and remained loyal to Shell. I submit that there was insufficient attention accorded to depression, especially during the early stage in order to allow for a full recovery. To most, if you are sick, you go to the company doctor, get MC, and go home to rest. After the expiry of the MC, you return to work. That is the current reality, and it represents staff's and Management's simplistic way of looking at depression. Management feels vindicated since all necessary medical and EAP are in place. Yes, sure, but what about the human and compassion side of the situation?
I gave up my Team Leader position in May 2006 under doctor's advice. A new Team Leader took over and was promoted to the position that wasn't "justified" in March 2004 but which was now suddenly "justified" in April 2007. His probation period was only six months compared to the three + 15 months I was subjected to, only to be told at the end of it that there was no such position! Furthermore, Shell rejected my doctor's request that I be placed in another job to help speed up recovery. Management refused to accommodate this request, citing only that there was no such policy in place. On the contrary, I found out later that job moves of this nature are allowed under Protocols and Guidance Notes on the Medical Evaluation of Fitness to Work, Report SHS 06.010 re Accommodation.
What spurred the depression to stretch out to four years were the two organisational restructurings impacting my department and the accompanying upheavals. In the most recent one, Management stated that there would be no job loss but what happened testified to the contrary. Two positions were abolished while two more were merged into one (including mine). As I write, all the experienced staff in the department are gone except for one who has been there for seven years.
The MBR was held two weeks after my return to work following the latest bout of depression confirming that Shell Malaysia sticks to rigid procedure regardless of individual circumstances. I was informed by lawyers that the Medical Board which was conducted by General Practitioners instead of Consultant Specialists in itself was not consistent with the law. Hence, I consider their recommendations invalid and my dismissal is therefore null and void. The whole process impinged on my rights as a Shell employee. My request for a copy of the MBR report recommending dismissal was intially denied citing confidentiality. Only a summary of the decision was provided. After several demands for my rights to the report, I finally obtained a copy of the letter from the Clinic on September 8 and found the letter full of errors and misrepresentation about my condition.
From 2005 to 2008, I took total medical leave of 73, 23, 36 and 26 days respectively. Company policy allows up to 90 days per year medical leave for prolonged illnesses. I was well within that limit! In other parts of the Shell world, staff suffering from prolonged illnesses are granted 6 months paid leave to fully recover. I was never given the option. Neither was I given the option to appeal against the dismissal.
So was the dismissal fair? Was the process fair? Note that if an employee has an accident at work, he will be compensated, not via the VSS, but on a different scale depending on the nature and seriousness of the accident. Similarly, depression should be viewed as an accident, albeit with a less visible injury. I was told that (1) "the decision was final", (2) "this was how Medical Board dismissal letters are written", (3) no MBR report would be provided (some transparency!), and (4) "we are strictly following policy" (with zero tolerance for exceptions!) leaving no room for dicussion.
Then came the compensation package which should have been termed gratuity from the beginning. Shell insisted that the package was based on the VSS formula, but tax exempted. The tax exemption is not relevant to Shell and is not a benefit from Shell. Under the general HR policy, an employee who is suffering from long term illness can be pensioned off. This was raised to HR yet Management chose not to exercise discretion in this matter. Why was some policy relevant while some were not? Is Shell so devoid of compassion? I can understand dismissals for theft, misconduct or criminal breach of trust, but this case was about actions of Shell which contributed to a staff developing depression. Shell UK pensions off staff suffering prolonged illnesses and also allows staff an avenue to appeal to an individual panel or a tribunal.
The
following factors are important to consider in working out a fairer
compensation package, a package that will help me to eventually get
out of this situation and regain my self confidence:
|  My family is a closely knit one. They have been very loving and supportive through my ordeal and I thank and honour them. |
- What will Shell do for me in my circumstance, having robbed the better part of my life and leaving me an incomplete person?
- Is Shell just an empty shell with empty promises?
- Is Shell like a cone shell which looks beautiful and harmless on the outside yet poisonous on the inside?
- Can Shell be full of profits and so called values yet devoid of compassion?