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I have one new hire who suppose to report to work on 28 May at 8.00am (time is stated in offer letter). But he failed to come at 8.00am, instead he show up at 11.00am. He gave an excuses by saying that his house is flood. I gave him chance by changing his joining date to 31 May. But again he came to very late (10.45am) without contacting me. I'm very disappointed with his attitude and believe he has no interest to work. Thus I assume he has yet to become my employee as he did not report to work as per time stated in offer letter (8.00am). So i ask him to go back and refuse to hire him back. But now he went to IR office to report that he is unfairly terminated by my company. Kindly advice if my action is wrong under law?

Muhammad Aqeel
Member
Thu, 02 Aug 2018 07:19:09 PM  (Last updated: Fri, 03 Aug 2018 11:23:51 AM)
Hi
Jeremy
Member
Fri, 03 Aug 2018 11:23:51 AM

From what I know, he has failed to oblige the contract terms. As stated in the offer letter, he is to report at the time mentioned but has failed to do so, thus this can be your fighting point. Rationally, this guy should have the courtesy to inform if he is coming in late, despite whatever the circumstances may be. Don't let this kind of people dictate this issue, he is at fault for failing to follow the contract terms. If I am not mistaken, failure to acting as per the contract may result in the contract being breached. If you can get yourself to throw the "breach of contract" card to the authorities, there could be chances for you to be on the safer side and you could sue him for your losses due to his actions.

Please do consult a HR officer for a second opinion as this is based on my knowledge over the years.

Thanks.

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