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Misconduct

Rami
Member
Tue, 21 Apr 2015 08:24:43 AM  (Last updated: Tue, 21 Apr 2015 09:47:40 AM)

We have a case where a manager took his assistant with him on a business trip.

The company wants to dismiss him based on misconduct.

Let me know if you think its worth fighting

Quick facts:

- He didn't use any company funds to bring her along or harmed the company financial

- She was officially on unpaid leave

- They shared a room but both confirmed there wasn't any sexual advancement

- They don't have any relationship past or present with each other

KL Siew
Administrator
Tue, 21 Apr 2015 08:33:56 AM

No comments.  Let the company establish their case if they want to go for misconduct.

Rami
Member
Tue, 21 Apr 2015 08:38:14 AM
Originally posted by KL Siew on Tue, 21 Apr 2015 08:33:56 AM

No comments.  Let the company establish their case if they want to go for misconduct.

You think they are right? The employee feels that this DOESN'T justify a dismiss without notice 

KL Siew
Administrator
Tue, 21 Apr 2015 08:59:31 AM

I really can't go into the facts. If they have been dismissed, they can bring the matter up the Industrial Relations Department under Section 20 of the IR Act for reinstatement on grounds of wrongful dismissal. They must bring it up there within 60 days from date of dismissal.

Rami
Member
Tue, 21 Apr 2015 09:24:14 AM

The persons are not dismissed yet.

I am part of the Management team and i feel that the case does NOT justify a dismissal.

But before I stand up for them i would like to have some law base, experiences and most important opinions.

This is more of a gathering grounds in order to make a fair desicion.

KL Siew
Administrator
Tue, 21 Apr 2015 09:40:14 AM

OK, let's look at it this way.

1. Check the company handbook about the the company's grievance procedure. Look for the definition of "misconduct" to see what constitute misconduct like minor offences, serious offences or very serious offences and what are consequences of each category (like whether staying in the same room with another employee of the opposite sex is listed as one of the offences).

2. Even if there is alleged misconduct, management still have to conduct a domestic inquiry and prove their case and give the offenders a chance to defend themselves.

3. Whatever the DI's decision, dismissal or otherwise, the employees still have the right to bring the matter with the IR Department as I mentioned earlier.
 

Rami
Member
Tue, 21 Apr 2015 09:47:40 AM

Thank you for your input

  This topic is closed