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Misconduct

CCC
Member
Mon, 02 Apr 2018 07:35:29 AM  (Last updated: Mon, 02 Apr 2018 01:54:14 PM)

Hi, there were two warning letters issued to this employee on misconduct one on 29.12.2017 and one on 05.03.2018. Followed by a meeting with witnesses stating the misconduct. And immediately this employee was temporary suspended from work for two weeks thereafter this employee was called to present himself in a meeting together with two directors and his subordinates was pointed with two more incidents of misconduct and was told further suspension is required for investigation. The company withhold the salary and commission payment for the month of March 2018, there were no letters issued to this employee on the meeting, the date , time and venue of misconduct

My question is :-

1. Is the warning letters served the purpose if were not acknowledged by the employee?

2. Is the meeting consider as domestic enquiry?

3. Can the company withhold the salary and commission during investigation ?

4. Can the company withhold the salary and commission if the employee find quilts and being terminated ?

5. Can this employee request for lay off benefit if he is being terminated due to misconduct?

SuharinKL
Contributor
Mon, 02 Apr 2018 10:44:42 AM
Originally posted by CCC on Mon, 02 Apr 2018 01:54:14 PM

Hi, there were two warning letters issued to this employee on misconduct one on 29.12.2017 and one on 05.03.2018. Followed by a meeting with witnesses stating the misconduct. And immediately this employee was temporary suspended from work for two weeks thereafter this employee was called to present himself in a meeting together with two directors and his subordinates was pointed with two more incidents of misconduct and was told further suspension is required for investigation. The company withhold the salary and commission payment for the month of March 2018, there were no letters issued to this employee on the meeting, the date , time and venue of misconduct

My question is :-

1. Is the warning letters served the purpose if were not acknowledged by the employee?

2. Is the meeting consider as domestic enquiry?

3. Can the company withhold the salary and commission during investigation ?

4. Can the company withhold the salary and commission if the employee find quilts and being terminated ?

5. Can this employee request for lay off benefit if he is being terminated due to misconduct?

Hye there,

Allow me to answer as follows:-

1. Warning letter is a punishment i.e. the lightest punishment as decided by Industrial Court.

2. As such, it is advisable for the Company to issue a show cause letter pertaining to the newly-discovered misconduct and please state the particulars of the misconduct i.e. the time, place and nature of the misconduct and thereafter, to conduct a proper DI with 3 panels.

3&4. It is advisable for the Company to pay whatever the employee's entitlement. Withholding salary/commission and couple with termination, that may constitute double punishment which may give rise to a claim of unfair labour practice.

5. In my opinion, if he is terminated on the ground of misconduct, he may not entitle for the lay-off benefit.

Regards,

suharinsulaiman@gmail.com

CCC
Member
Mon, 02 Apr 2018 10:57:06 AM
Originally posted by SuharinKL on Mon, 02 Apr 2018 10:44:42 AM

Hye there,

Allow me to answer as follows:-

1. Warning letter is a punishment i.e. the lightest punishment as decided by Industrial Court.

2. As such, it is advisable for the Company to issue a show cause letter pertaining to the newly-discovered misconduct and please state the particulars of the misconduct i.e. the time, place and nature of the misconduct and thereafter, to conduct a proper DI with 3 panels.

3&4. It is advisable for the Company to pay whatever the employee's entitlement. Withholding salary/commission and couple with termination, that may constitute double punishment which may give rise to a claim of unfair labour practice.

5. In my opinion, if he is terminated on the ground of misconduct, he may not entitle for the lay-off benefit.

Regards,

suharinsulaiman@gmail.com

Thanks Suharin for your reply. May I know whether the warning letter need to be acknowledged by the employee?

SuharinKL
Contributor
Mon, 02 Apr 2018 11:08:54 AM
Originally posted by CCC on Mon, 02 Apr 2018 10:57:06 AM

Thanks Suharin for your reply. May I know whether the warning letter need to be acknowledged by the employee?

Yes, please get the employee's signature accepting the warning letter. I've encountered many times where the employees conveniently denied the acceptance of the warning letter whereupon the Industrial Court agreed and decided that the warning letter was never served.

Regards,

suharinsulaiman@gmail.com

CCC
Member
Mon, 02 Apr 2018 12:05:08 PM
Originally posted by SuharinKL on Mon, 02 Apr 2018 11:08:54 AM

Yes, please get the employee's signature accepting the warning letter. I've encountered many times where the employees conveniently denied the acceptance of the warning letter whereupon the Industrial Court agreed and decided that the warning letter was never served.

Regards,

suharinsulaiman@gmail.com

Dear Suharin

If March salary is paid but withhold commission for further investigation. May I know how long can the company withhold the commission? And how long can the company suspend the employee from work. In this case he has been suspended for more than 12 days as stated in the employment act 

SuharinKL
Contributor
Mon, 02 Apr 2018 01:54:14 PM
Originally posted by CCC on Mon, 02 Apr 2018 12:05:08 PM

Dear Suharin

If March salary is paid but withhold commission for further investigation. May I know how long can the company withhold the commission? And how long can the company suspend the employee from work. In this case he has been suspended for more than 12 days as stated in the employment act 

U can suspend the employee for as long as you reasonably need for the investigation. However, it must be noted that the 1st 14 days of suspension the Company only need to pay half of his salary. However, after 14 days i.e 15th day onward, it has to be full pay.

You may withhold, but at the end of the day the Company still need to pay/release the sum.

Regards,

suharinsulaiman@gmail.com

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