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termination during extended probation?

kerry
Member
Wed, 27 Jul 2016 03:42:32 PM  (Last updated: Mon, 08 Aug 2016 05:49:55 PM)

Due to poor attendance, one of my managerial staff has been extended her probation period after 6 months. She has been on medical leave for a month (not including 1 week hospitalized) during the 6 month period and after extension, she went and took 6 days of medical leave plus hospitalization.
 
She didn't declared her medical situation to the company when interviewed. only after the 2nd month of her tenure that she informed the company, she required specialist and physio due to bone defect.

The management wanted to terminate her due to poor performance.   

What is your advice ... termination or is she liable to be downgraded and transferred to other department.

thanks 

kerry

KL Siew
Administrator
Wed, 27 Jul 2016 07:25:30 PM

Terminating the service of an employee on grounds of poor attendance due to medical reasons may not be a good idea. If you still think you have some good reasons, hold a domestic inquiry first before deciding what to do. Give her a chance to defend herself. Refer to section 14 of the EA for some guidance.

kerry
Member
Thu, 28 Jul 2016 09:30:48 AM

can we downgrade and transfer her to a different department?

is there any clause preventing it?

Michael
Contributor
Thu, 28 Jul 2016 10:59:57 AM

If she has a valid MC, downgrading her or transfer her to another department would seem that she's being victimized by the Company. In this case, there might be a constructive dismissal case.

kerry
Member
Thu, 28 Jul 2016 12:00:56 PM

then the only option will be domestic inquiry.

how many times the employer have the option to extend her probation?

it seems that the employer is paying her for nothing for the past 6 months ... 

kerry
Member
Thu, 28 Jul 2016 12:09:36 PM

If in this case that she is very proficient in the other department and the salary remain as it is , will it be a CD .. if she resign voluntarily? 

Michael
Contributor
Thu, 28 Jul 2016 04:19:26 PM

What is the point of conducting a DI on her attendance if she can provide you with a valid MC? 

As for probation period, you may extend at a reasonable & justifiable period; not to victimize the employee.

Anyway, just want to share with you some of the circumstances that may give rise to a claim for constructive dismissal are:
1. Arbitrary reduction of wages, commission, allowance, etc.
2. Demotion to a lower post, with or without reduction of salary, fringe benefits, etc.
3. Transfer to a different location if such transferability is not clearly stated in the Letter of Appointment.
4. Substantial changes in the job function, especially if the employee is incapable of performing those functions.
5. Behavior by the employer, intended to humiliate the employee.
6. Acts of victimization (for example, setting unattainable deadlines, constants fault-finding and harassment).
7. Threatening with dismissal if the employee does not resign from the job.

The Court has also said: "Industrial tribunals have consistently held that a forced resignation is a dismissal. It has also been held that the use of persuasion by an employer to obtain an employee's resignation may be a dismissal."


 

kerry
Member
Mon, 01 Aug 2016 04:33:09 PM

thanks for the info ... regards

Ar
Member
Wed, 03 Aug 2016 03:30:12 PM

Hi Kerry,

Today, many people influence bone pain because of wrong sitting position and keeping using computers. So bone pain is an 'Intelligent' sickness.

Bone pain was caused by the office table is too high and not suitable for everyone because everyone height is different and the office table cannot adjustable!

Actually, the best office furniture to avoid pain is using the old type of computer table with the keyboard drawer.

Putting your hand on the keyboard and your leg is not reach at the floor. Kindly search for information for bone pain. 

Share information : When my student studies, she is very healthy and don't have bone pain. Of course on that time, she no need to mention anything when interview. After she worked with 1 company for 2 months, she felt very hurt bone pain.

I also realize that when I'm not working in office, my back pain solved. But when I working in office,  my back pain come again. I enquiry my high height colleagues, he also met this problem because the office table is not putting 'equal' with him. So he got a neck pain.

Thank you.

kerry
Member
Mon, 08 Aug 2016 05:49:55 PM

we wouldn't have any problem if she had declared her sickness when interviewed.

but after 22 days of medical, we decided to check with her previous colleagues and employer and was told that she's always on sick leave. 

mistake done by not asking her to do medical test since we are a new company and did not have any company clinic yet.

total medical days as of now: 34 days (not include admittance to hospital: 19 days ).

claiming bone defect at her heels (but able to stand more than 2 hours while chit-chat)
 

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