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Advice on a Labour Office (JTK) Case

Shuen
Member
Fri, 31 Mar 2017 08:40:03 PM  (Last updated: Mon, 03 Apr 2017 11:29:51 AM)

I am working as a HR. And we terminated one staff due to her habitual absenteeism. She got a long record of absenteeism and warnings letter and DI (result was final warning) from 2008 - 2012. 

And there is nothing after that until 2017 mainly due the HR manager at these period is doing a crappy job and not looking into attendance. 

in Year 2016, her attendance is worst, some month she is absent for 9 days and so on.

In 20/12/2016, she absent and we issued a warning letter to her for absent.

In 04/01/2017, we issued another warning letter to her for absent.

In 13/02/2017, she still absent and unable to provide any proof. We issued a termination letter to her without any DI.

Now she is complaining to the labour office. And we need to attend the court. She is claim the LOB & Payment of notice of termination

For every warning letter we issued, we sit down with her to ask what happened and she always provide with us some  excuses that she cant prove it. (but we don't have any document on these sitting down and talking), only issue the letter after that.

I understand we are at technically disadvantages and need advise on how to handle this

  1. How do we argue or defend ourselves in the court?
  2. Is this a sure lose situation and we prepare for the settlement (assuming that it is still on the table)?
  3. Other advises

Thank you very much for this.

KL Siew
Administrator
Mon, 03 Apr 2017 11:29:51 AM

It is always advisable to conduct a domestic inquiry before meting out punishment. Without a DI can weaken the case in court. What you can do now is to defend in whatever ways you can at the JKT or consult a lawyer for legal advice.
 

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