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Termination due to Insubordination without Domestic Inquiry

Tue, 25 Feb 2014 12:44:07 PM  (Last updated: Wed, 26 Feb 2014 08:19:25 AM)

Dear all,

Seeking your advice. Our company has an employee with the offenses below:

- One Warning letter issued for racial slurs against colleague

- One Warning letter issued for insubordination against superior. (Rudeness to superior)

Finally last month, the employee once again refuse to carry a task she was hired to do willfully despite having the capability given by her superior. (The task was to clean an area which will take about 10 minutes, but the staff refuse to do so despite that she is a cleaner as she said it is almost the end of her duty. Her shift ends in 15 minutes) 

As our company is a small company, we proceed to terminate her without a domestic inquiry. The staff report us to the labor office & we were told we should proceed with a domestic inquiry. My question below:

- Is domestic inquiry necessary for gross misconduct (as per above)?

- Despite not having domestic inquiry recorded in black & white, the company did clarify why the staff did not carry out her task & concluded that the reason provided is unacceptable. Would this warrant as a domestic inquiry?

Adding to this, during the meet-up with the labor office, the staff continue to use impolite languages to scold our HR & her superior throughout the process. We were told to pay a fine but we find it unjust. 

Please advise.


KL Siew
Wed, 26 Feb 2014 08:19:25 AM

In dismissing any employee, proper procedure must be followed. otherwise the company would in a disadvantageous position. Dismissing an employee summarily wont do. If you still feel very strongly about it, consult a lawyer see whether you have some legal grounds to fight the case.

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