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Compensation after Domestic Inquiry

Jefri
Member
Wed, 24 Jun 2015 09:40:02 AM  (Last updated: Wed, 15 Jul 2015 08:43:25 AM)

hi, 

I would like to know my right after the Domestic Inquiry.

I've been working for 9years as an Executive.

The HR had called me and informed that they will conduct a D.I due to my poor performance, and he did asked me if I would like to avoid the DI by tender my resignation letter so that I will have a clean record, and they would consider to release me earlier than notice period with 3months salary.

I can assume the result after the DI will be my termination of service. My question is, what should i expect after the termination? is it 24hours termination without salary?

The clause in my employee handbook saying that "For an employee who has been confirmed in the service, any party may terminate the service by giving due notice, or in lieu thereof, pay the other, the equivalent amount of salary. The Employer may use its distcretion to terminate the service of the Employee earlier after the latter has given his notice to stop working"

Executive 3 months - notice of termination.

KL Siew
Administrator
Wed, 24 Jun 2015 09:49:07 AM

Just don't tender your resignation, whatever promise they give. Let them hold the DI if they so wish. You may lose all your rights if you resign on your own. 

Jefri
Member
Wed, 24 Jun 2015 10:17:30 AM

But i'm pretty sure that i will lost in DI, coz they had prepared at their best for this.

Can they terminate me with 24hrs notice without any compensation? Or i should get 3month notice or equivalent of 3month salary for early termination?

KL Siew
Administrator
Wed, 24 Jun 2015 10:30:33 AM

In that case, if the 3 months salary offer is acceptable to you, let everything be put in black and white and accepted by both parties. Negotiate properly.

Jefri
Member
Wed, 24 Jun 2015 11:20:47 AM

does it mean that the company can terminate me 24hrs without compensation if i lost in DI?

KL Siew
Administrator
Wed, 24 Jun 2015 11:32:20 AM

If serious misconduct was proven in the DI, that employee could be dismissed without any compensation. Section 14 of the EA:

"14. Termination of contract for special reasons.

(1) An employer may, on the grounds of misconduct inconsistent with the fulfilment of the express or implied conditions of his service, after due inquiry:

(a) dismiss without notice the employee; or

(b) downgrade the employee; or

(c ) impose any other lesser punishment as he deems just and fit, and where a punishment of suspension without wages is imposed, it shall not exceed a period of two weeks."

I think you better consult the Industrial Relations Department and get some official views about your problems. Don't make decision in a hurry.

Iszkandar
Member
Wed, 24 Jun 2015 01:15:08 PM
Originally posted by Jefri on Wed, 24 Jun 2015 11:20:47 AM

does it mean that the company can terminate me 24hrs without compensation if i lost in DI?

Jefri, 

yes! they can terminate you on the grounds that Mr Liew explain without paying you anything. i would go as what Mr Liew has recommended and get a black and white from them on the 3 months compensation. 

it can also be in email form. 

Jefri
Member
Tue, 14 Jul 2015 09:43:15 PM
Hi, I've been suspended for 2weeks starting lastweek and today i had received an extention suspension until further notice with full salary payment until the decision from DI.In my suspension letter the company didn't stated any reason why I've been suspended. And there is no show cause letter before they suspend me.i did ask the HR manager on the charges they will take on me for DI but he just told me that they still need to investigate on the charges and will let me know before the end of my suspension.what should i do now? Just wait or should refer to labour department?And.. is it a normal procedure to suspend without any charges stated in suspension letter?
KL Siew
Administrator
Wed, 15 Jul 2015 08:43:25 AM

You can just wait for the result of the their investigation. The period of extension of suspension will depend on the complexity of the case. After their investigation and if they intend to proceed with DI, you will then be notified to charges. If you want more information, you can always consult the Industrial Relations Department.

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