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Termination Due to Misconduct and breach of the contract

kiki
Member
Mon, 19 Jun 2017 10:45:44 PM  (Last updated: Tue, 11 Jul 2017 01:05:13 PM)

Hi,

Would like to seek for advice, we have terminated a staff due to misconduct and breach of the contract . Hence we serve the termination letter to her.

However, the staff refused to accept the termination letter and the cheque for compassionate pay,and she snapshot the termination letter and will bring to labour department. The letter just mentioned the reason for termination and the compassionate pay.

hope hear from your advice soon.

Thanks

mdkamil
Contributor
Tue, 20 Jun 2017 09:50:27 AM

Whenever an employee believe that his/her services is wrongly terminated, he/she has the rights to file a case against the employer.

Thus, an employer must practice the proper handling of employee's misconduct before a dismissal is decided and executed.

Some basic practices are -

1. Do thorough investigation to establish fact of the case

2. Issue a Show Cause Letter to obtain explanation by the employee.

3. If in his/her reply the employee admit guilty, it is better to warn him/her about the possible dismissal and ask him/her if he/she wish to withdraw the admittance of guilt. If he/she still admit his/her guilt, the employer may proceed with a reasonable action as a penalty.

4. If employee do not admit guilty and the employer believe he has a strong case against the employee, it is advised to conduct a Domestic Inquiry and let the panel of the DI conclude their finding. If DI panel found the employee is guilty, then the employer may proceed with a reasonable action as a penalty.

NOTE : Even when an employee is found guilty, the employer must fairly determine whether Dismissal is a reasonable penalty for the misconduct done.

Lauren Kushner
Member
Tue, 11 Jul 2017 01:05:13 PM

You can contact any experienced person or professional.

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