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Staff Termination - Require Advice

Thu, 10 Mar 2016 08:42:22 PM  (Last updated: Sat, 12 Mar 2016 09:15:16 AM)

Dear KL Siew,

Please advice, if you understand the issue.

The staff is earning RM6K and not confirmed staff.

Issue 1. 

Does not turn up for a meeting with potential clients. No call to inform, only next day, calls in sick. No medical cert. He informed the HR person, will send it in, none received (already 2 months)

Issue 2:

Since January 2016, has not come to to the office and has not call in. Contacted on Jan 7, says that he was not well, had a fall and had to do medical treatment. Again informed him to send Medical docs. None received. 

Had informed him he will be, on unpaid leave, as there is no proof of medical condition. He agrees and said he  will produce but none received.

Then till the 20th Jan, call not answered and no attempt by the staff to revert back to the company. When he finally picked up the phone, he said he had been under some black magic. I informed him, it is on a belief basis, but not accepted as proof, in a company unless with a medical doc. Again, he does not send in any medical certificate.

By now the management, made a decision to cut losses and move on.

On the 22nd Jan, met him to take the company items back and advice him to contact the company and agree to a decision for him to exit the company without any issue. also told him write a letter informing the management on the issue or a resignation letter, but none  was done, All items were taken , but laptop was damaged.

He was asked to pay for the goods he damaged, he agrees and goes missing again. Does not pick up call or replies message and again no attempt to get in touch with the company.

He makes no attempt to contact anyone till today.

However, upon further investigation, on the 7th of March, we get his familly contact number and inform them, they inform him and revert by sms he will call back, but no calls or message received.

Therefore, i informed them to inform the employee we will proceed with legal action.

Our predicament now:

We withheld sending any warning or show cause because of his seniority and trust, but it was a one way street.

Now i am looking to create a documented pathway to terminate, reclaim damage cost and claim MIA back wages.

KL Siew
Sat, 12 Mar 2016 09:15:15 AM

You have to follow proper procedure if you want to terminate a staff. If you have the evidence, hold a domestic inquiry first and then decide what penalty to mete out.  You must give him an opportunity to defend himself against all the charges.

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