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Terminate A Manager

Reine
Member
Fri, 04 Oct 2019 05:40:30 PM  (Last updated: Fri, 11 Oct 2019 05:43:06 PM)

Hi, my management have intention to terminate a manager due to his personality issues.

He has been worked for 7 years in our company but he always have conflict with his surbodinates which cause a lots of good workers resigned.

Management had talked to him several times yet do not have any improvement show in him. Can we just terminate him by paying him 3 months salary as compensation (3 months notice which stated in agreement)? 

Thank you.

KL Siew
Administrator
Sun, 06 Oct 2019 09:02:49 AM

You should discuss with him about your company's offer see whether he will agree to accept or not.

Reine
Member
Mon, 07 Oct 2019 08:34:27 AM
Originally posted by KL Siew on Sun, 06 Oct 2019 09:02:49 AM

You should discuss with him about your company's offer see whether he will agree to accept or not.

What if he do not accept the offer, can we terminate him with compensation? Is this against law?

mdkamil
Contributor
Mon, 07 Oct 2019 11:49:05 AM
Originally posted by Reine on Mon, 07 Oct 2019 08:34:27 AM

What if he do not accept the offer, can we terminate him with compensation? Is this against law?

1. An employer MUST have a valid reason to terminate an employee's contract of service.

2. Such reason MUST be rightfully proven and justified for a termination.

3. An employee MUST be given every opportunity to defense himself against any reasons stated by the employer.

In your case, you mentioned about personality issue. Personality issue per se may not be a good reason to terminate an employee. He has been in employment for 7 years, and only now the employer raise about personality issue. For the past 7 years there is no issue?

Even if the employer still believe there is a personality issue, is it rightfully proven that that is the cause for other employees resigning from the company? What sort of conflicts he had with his subordinates? As a superior he shall have the authority to manage his subordinates. How would you know it is not the other way around (i.e. the subordinates are the one not abiding to the superior)?

I am not saying he is right and the subordinates are wrong or vice versa. What I am highlighting here is how much has the employer look into this matter that the employer feel a termination is a right decision. 

If for whatever reason (whether right or wrong) the employer still want to terminate him, the employer may discuss and obtain his mutual consent & agreement for a separation. In this case, he has the rights to spell out his terms & compensation if he wants to accept your offer of separation. But if for whatever reason he does not agree for a separation, the employer CANNOT terminate him based on the contractual termination notice.

Reine
Member
Fri, 11 Oct 2019 05:43:06 PM
Originally posted by mdkamil on Mon, 07 Oct 2019 11:49:05 AM

1. An employer MUST have a valid reason to terminate an employee's contract of service.

2. Such reason MUST be rightfully proven and justified for a termination.

3. An employee MUST be given every opportunity to defense himself against any reasons stated by the employer.

In your case, you mentioned about personality issue. Personality issue per se may not be a good reason to terminate an employee. He has been in employment for 7 years, and only now the employer raise about personality issue. For the past 7 years there is no issue?

Even if the employer still believe there is a personality issue, is it rightfully proven that that is the cause for other employees resigning from the company? What sort of conflicts he had with his subordinates? As a superior he shall have the authority to manage his subordinates. How would you know it is not the other way around (i.e. the subordinates are the one not abiding to the superior)?

I am not saying he is right and the subordinates are wrong or vice versa. What I am highlighting here is how much has the employer look into this matter that the employer feel a termination is a right decision. 

If for whatever reason (whether right or wrong) the employer still want to terminate him, the employer may discuss and obtain his mutual consent & agreement for a separation. In this case, he has the rights to spell out his terms & compensation if he wants to accept your offer of separation. But if for whatever reason he does not agree for a separation, the employer CANNOT terminate him based on the contractual termination notice.

Appreciated your kind reply in details.

There are always a lots of issues in the past 7 years. It just getting more and more serious. The management did a lots of attempts to talk to him, hope to see some improvement in him. We let those workers come and left, most of the reason of resignation is because of the manager. And yes, manager have authority to manage his surbodinate, but shall with a respectful manners, to communicate instead of insult.

The manager reluctant to listen to any voices or ideas and being picky or harshly to whoever against him, End up the whole department signed off a letter to request management to terminate the manager.

We will try to find a way to solve this issue, again, thanks for your advice.