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Termination of an employee due to disciplinationary issue

Eng Lee
Member
Wed, 02 Mar 2016 02:16:16 PM  (Last updated: Sat, 05 Mar 2016 07:47:23 AM)

Dear Siew,

As an employer, i would like to know what is the proper procedure to lay-off an employee without proper policy in a company?

We have a staff who has been serving the company for 7 years and earning more than RM2500 at basic salary. Due to his disciplinary issue such as not being punctual at work and no clock-in and clock-out for work, the employer is gathering all the warning letters and attendance records to take action against him. But throughout the warning letters that were issued to him, first letter was issued in 2010 about late attendance, second letter was issued in 2013 being MIA and third letter was issued in Jan 2016 for late attendance, instead of issuing 3 warning letter consecutively in one year. However, are these warning letters sufficiently enough to lay him off without issuing final warning letter?

According to his appointment letter, it stated under the termination that "After confirmation, One (1) month notice is required from either party or lieu of notice, one (1) month's salary."

Can the employer lay him off within 24 hours notice but compensate him the salary for that month?

Is there a clause in EA regarding this issue?

Thank you

Regards,
Janice Loh
 

KL Siew
Administrator
Wed, 02 Mar 2016 07:16:50 PM

1. If there is misconduct, it is prudent to hold a domestic inquiry first to give the staff an opportunity to defend himself and then decide what penalty you can mete out. You can refer to section 14 of the EA for some guidance.

2. You can do that, but the staff still has the right to bring the matter up with the authority like the Industrial Relations Department.

Eng Lee
Member
Thu, 03 Mar 2016 05:22:46 PM

Dear Siew,

Do you mean we must talk to him regarding this issue and write a show cause letter to him? So we can't terminate him without applying penalty on him? 

Thanks

Kind ragards,
Janice Loh

KL Siew
Administrator
Sat, 05 Mar 2016 07:47:22 AM

You can do that but you will be in a disadvantage should the case end up in the Industrial Court. As I said, go and get some official advice from the IR Department.

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