RegisterLog In

Terminated Employee For Misconduct But She Complain To Labor Dept

ted
Member
Fri, 27 Nov 2015 10:37:26 AM  (Last updated: Fri, 27 Nov 2015 11:28:23 AM)

Hi, I got this employee who have been working for more than a year. She has bad attitude in her job and always arrive late despite many verbal warnings. Not only arrive late to work, but get back late from lunch hour and when I am not around she will disappear from the retail outlet too. So after many verbal warning and no change, I gave her a warning letter. After that still no change, another letter. I did give her a chance to explain herself and she always blamed the traffic. Despite telling her to leave early and giving her more chances she still cannot make improvements or is unwilling to. So she was terminated. She also took stocks from the company and have yet to pay back. I just got a letter from the labor dept to meet with an officer next mth where she is claiming up to almost RM3k in compensation. Can she do that? Haven't we given her enough time and notice?

SuharinKL
Contributor
Fri, 27 Nov 2015 11:28:22 AM
Originally posted by ted on Fri, 27 Nov 2015 11:28:23 AM

Hi, I got this employee who have been working for more than a year. She has bad attitude in her job and always arrive late despite many verbal warnings. Not only arrive late to work, but get back late from lunch hour and when I am not around she will disappear from the retail outlet too. So after many verbal warning and no change, I gave her a warning letter. After that still no change, another letter. I did give her a chance to explain herself and she always blamed the traffic. Despite telling her to leave early and giving her more chances she still cannot make improvements or is unwilling to. So she was terminated. She also took stocks from the company and have yet to pay back. I just got a letter from the labor dept to meet with an officer next mth where she is claiming up to almost RM3k in compensation. Can she do that? Haven't we given her enough time and notice?

Hye there,

The said employee will always have the right to lodge a report/ complaint under the law if he/she does not satisfied with the Company's action.

If the case is before a Labour Court, the only compensation that the Court can give is for any amount due to the employee. Usually it involve in lieu of notice payment if she was terminated 24hrs or for unpaid salary etc.

The fact that the company had given warning and opportunity for her to improve, that is good and can be used during trial before the Court to defend the Company's case. 

Regards,

suharinsulaiman@gmail.com

  This topic is closed