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Ensuring lawful termination/dismissal

Ladylady
Member
Tue, 04 Jul 2017 02:31:45 PM  (Last updated: Wed, 05 Jul 2017 04:02:11 PM)

Hi there,

I would like to ask on the following. we have a staff that:

1) always do not complete the work given (even if completed, has to ask him for the work everyday and ask him to submit. still will be way past the deadline), no progress update is given even when asked and when ask to present his work to the top boss, he will take leave on that day and give MC (does not even update to supervisor that's he's MC). This MC thing when asked to present to top boss has happened for a few times. Not sure if really sick and just co-incidentally same date with his presentation.

2) always take leave without informing supervisor first (and excessive amount of leave. only half year already finished the whole year MC entitlement and already take more than 10 days unpaid leave.. and this amount of leave also not including annual leave which he also finished use already)

3) Some of the days when his supervisor (me) is not around, he will disappear after lunch and ask other staff to cover for him. he do this without telling me or even applying for half-day leave. This has happened a few times and I got to know from other staff.

I have had a few meetings with him previously regarding his performance and attitude and multiple times he promised to improved but still not improved until now. And the first meeting I had with him to address this issue is 6 months ago. Now many other employees are affected by him as many other people have to take over his work.

How to make sure that if we want to terminate him, how to make it a lawful termination? Is it enough just to give or pay the 2 months notice as per the employment contract? And please be informed that he is actually not covered under the labor law because his salary is more than 2k and he is not working on physical demanding industry. So how to do this correctly?

Really appreciate your advice. Thank you.

KL Siew
Administrator
Tue, 04 Jul 2017 04:29:05 PM

1. You can give him two months notice or if you want him to leave immediately, you pay him two months salary as compensation. Or,

2. If you think he has committed misconduct by doing all those things you mention and you have proof of the misconduct, conduct a domestic inquiry and decide they type of penalty you should give. Refer to  secion 14 of the EA for guidance about DI.

However, whichever method you may use, that employee still have the right to seek redress at the Industrial Relations Department.

Ladylady
Member
Wed, 05 Jul 2017 04:02:11 PM

I see. Okay thank you very much for your kind assistance.

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