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Verbally abused and threatened by colleague; voice record for self-defence but got a serious warning letter

Tue, 26 Apr 2016 02:52:21 PM  (Last updated: Wed, 27 Apr 2016 12:06:43 PM)

HI, i have a HR related incident which need your advise.

The facts of the incident are;

1) Early this year I was verbally abused and threatened to "beat me up outside the office" by my colleague in his office when i went to see him to get confirmation for work-related matter, then I decided to activate the voice recording for self-defence since this is the second time where my colleague has verbally abused and threatened to " beat me up outside the office" (happened before in September last year where he has a counseling session with HR and MD);

2) He continue to threaten to verbally abused and threatened to "Beat me up" even knowing the voice recording is activated. He even came over to my office to threaten me again when i refuse to delete the voice recording;

3) I lodged a complain attached with the recording made and other supporting documents to my superior and MD on the verbal abused and threatened incident by my colleague, and my MD have asked the HR to conduct investigation on this matter. 

4) During the investigation, HR did not informed me that i am investigated for recording without his consent. Middle this month, i received a serious warning letter from HR stating that recording without this consent is unethical and unprofessional behavior. My colleague also received a serious warning letter for using abusive words and threatened colleague in the office.

5) I have wrote back that to inform them that i do not agree to sign the warning letter as the recording was for self-defence and not to invade his personal privacy. i do not use any recording to any superior or colleagues of the Company and have good working relationship with them.

6) Today i was informed verbally that HR will not withdraw the warning letter and if i do not agree on their decision, i can write in to request for a Domestic inquiry.

Appreciate if you can advise on the below:

a) Can the HR issued me a serious warning letter for the recording without his consent which is mainly for self-defence as i have verbally abused and threatened by him last year but his behavior did not change.

b) Can HR issue me a serious warning letter when they did not informed me during the investigation that i am investigated for recording with consent?

c) Is the HR punishment fair, as they immediately issue serious warning letter without any counseling or verbal warning? 

c) Is the action taken by HR fair? If it is not fair, what is the course of action i can take to ask HR to withdraw the serious warning letter?

d) Should i request for Domestic Inquiry as proposed by HR?

Thank in advance for your advise.

KL Siew
Wed, 27 Apr 2016 12:06:43 PM

There is nothing to stop your HR from issuing warnings to you. It is up to you whether to respond or not and be prepared to face all possible consequences including DI. It would be better to respond to all the warnings. You don't ask for DI.

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