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Visit porn website during office hours

Jasmine_Ong
Member
Tue, 25 Aug 2015 10:47:36 AM  (Last updated: Thu, 27 Aug 2015 10:28:26 AM)

Dear Ms Kong,

My company has one employee whose salary is above RM 2000/ month.  Due to his working performance is not good since he joined us in June and we suspect he visited some illegal website during office hours thus we have installed spyware in his pc to observe him.

From the spyware application, we confirm that he visited porn website during office hours thus please can you advice us that can the company end the employment agreement with the above employee when his probation period end on 30.08.2015 (3 months probation period)?  FYI, this employee has been given 2 show cause letters and 2 warning letters during for the past 2 months.  The show cause letter and the warning letters are due to he didn't respond to his immediate superior when being contacted by his HOD.  The 2nd warning letter was due to he is rude to colleagues.

Thank you for your advice.

KL Siew
Administrator
Tue, 25 Aug 2015 12:05:42 PM

You may hold  a domestic inquiry and the decide what to do with him. Refer to Section 14 of the Employment Act for more info.

Jasmine_Ong
Member
Tue, 25 Aug 2015 03:07:48 PM

Thanks a lot for your reply.

SuharinKL
Contributor
Thu, 27 Aug 2015 10:28:26 AM
Originally posted by Jasmine_Ong on Thu, 27 Aug 2015 10:28:26 AM

Dear Ms Kong,

My company has one employee whose salary is above RM 2000/ month.  Due to his working performance is not good since he joined us in June and we suspect he visited some illegal website during office hours thus we have installed spyware in his pc to observe him.

From the spyware application, we confirm that he visited porn website during office hours thus please can you advice us that can the company end the employment agreement with the above employee when his probation period end on 30.08.2015 (3 months probation period)?  FYI, this employee has been given 2 show cause letters and 2 warning letters during for the past 2 months.  The show cause letter and the warning letters are due to he didn't respond to his immediate superior when being contacted by his HOD.  The 2nd warning letter was due to he is rude to colleagues.

Thank you for your advice.

Hye there,But please terminate AFTER the end of the employee's probationary period. The company can use the reason of poor performance and hence not to confirm his position.There are tons of case laws decided that a probationer can only be terminated after the end of probationary period except for SERIOUS misconduct ie fighting, misappropriation of money, etc.Regards,suharinsulaiman@gmail.com

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