Hi. Would like to request the procedure on how to sack a staff who has been swindling money from our drivers (we being transportation co.) for a very long time now. We recently got complaints from drivers who couldn't stand his attitude anymore. He used excuses and lies to take cash from drivers on several occasions saying the HR department had made errors in their salary.
So far, we have sent in official letter to him asking for his explanation. He replied to us that the accusations are fake and have totally defended himself. What is the next step that we should take as a co. ?
Our drivers have sent in a letter as support to the cash taken from them and to sack him. Signed by all of them. Would this be enough in case complaint is lodged against us ?
Basically u may terminate him on the ground of misconduct. Therefore, should the case is brought before the Industrial Court, the Court wants to know the followings:-
1) whether the act of misconduct really took place; and
2) whether the punishment (termination) is proportionate with the misconduct.
For item (1):
it is my opinion that the Company should get a proper admission/report from the drivers. Please ensure in the admission/report it must contain the full name of the driver, time, date and location when the staff illegally or wrongly asked him for the money (misconduct), the amount asked by the said staff (RM) the full name of the said staff and signature of the driver at the bottom of the admission/report. With this admission/report, the Company may prove that the misconduct did took place.
After gathering those admissions/reports, please issue a show cause letter to the said staff. Please ensure that the charge in the show cause letter contains all the important facts (name of the complainant, date, time and location where the offense committed, the amount taken (RM) by the said staff).
For item (2):
In my opinion, it is a serious offence which may warrants a dissmisal as this offence is also can be considered as criminal offence which is punishable under Penal Code.
Hope the above shed some light on how the Company should go about the situation.