Can we terminate an employee with immediate effect upon final warning letter was issued? If yes, do we need to give compensation?
If you have already stated in the final warning letter that his service would be terminated with immediate effect, just do it accordingly. You don't pay and let him take whatever action he wants.
Thanks for your advice.
The warning letter issued is for disciplinary problems. Can we use that to terminate him due to his poor performance?
No, you don't do that. If you think he is no good, just terminate his service through the normal way by giving him the required notice and so on.
Can you explain further on normal way. Our lawyer said we cannot terminate him if there's no serious misconduct.
If there is misconduct, you may have to hold a domestic inquiry first. If he is found guilty of misconduct, you can dismiss him without any compensation or other lesser punishment as mentioned in section 14 of the EA. If it is just normal termination of service, you may have give notice, pay termination benefits, annual leave balance and so on. You may not be willing to do that. Of course, either ways, the employee still has the right to bring the matter up with the Industrial Relations Department for wrongful dismissal by employer.