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Layoff Benefits when Guilty of Misconduct

Miss Rainbow
Member
Fri, 22 Oct 2010 06:58:09 PM  (Last updated: Sun, 24 Oct 2010 07:57:06 PM)

Does the employer required to pay the employee any layoff benefits if the employee is found guilty of misconduct?

The employee has resigned and admitted to using company's laptop for personal use. Although this is against the company's policy, but looking at the overall picture this is not a serious misconduct therefore seek advice on what to do.

Thank you.

KL Siew
Administrator
Fri, 22 Oct 2010 08:29:45 PM

Regulation 4 (b)(c) of the Employment(Termination and Layoff Benefits)Regulations below will give you the answer:

4. (1) Subject to paragraphs (2), (3) and (4), an employee shall be entitled to termination benefits payment where his contract of service is terminated for any reason whatsoever otherwise than -

(a) by the employer, upon the employee attaining the age of retirement if the contract of service contains a stipulation in that behalf; or

(b) by the employer, on the grounds of misconduct inconsistent with the fulfilment of the express or implied condition of his service, after due inquiry, or

(c) voluntarily by the employee, other than under section 13 (2) or the reasons specified in section 14 (3) of the Act.

Miss Rainbow
Member
Sat, 23 Oct 2010 11:39:50 PM

The employer has now issued a letter to conduct domestic inquiry on the employee. Is this the normal procedure after the employee has already resigned?

KL Siew
Administrator
Sun, 24 Oct 2010 07:57:06 PM

The employer may have his  reasons for doing that.

  This topic is closed