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Serious Misconduct

amber  
Guest
Tue, 14 Jul 2009 04:57:13 PM  (Last updated: Thu, 23 Jul 2009 02:18:28 PM)

A staff lost the cash money and used for personal usage. He just signed a letter mentioned that he admitted lost & used the money and agreed to pay the money no matter still under employment or no longer. Boss suspen him for 2 days (tomorrow & Thursday), he will come back on Friday with the solution whether able to pay all/ by installments/ or salary deduction...etc...

Quentions:

1. During these 2 days suspension, do we need to pay him? or half pay?

2. If decided to terminate him, can terminate with immediate effect on coming Friday?

If there any concerns that have to take note for this case?

CK Kong
Contributor
Tue, 14 Jul 2009 05:08:58 PM

I believe every company should have a clause stating termination for serious misconduct. Most of them are with immediate effect. In your case, it depends on what is stated in your company's letter of appointment.

Besides, stealing money is a criminal case where by right your boss could lodge a police case on the spot.

Anyway, I don't think this guy dare to demand anything further if you terminate him with immediate effect.

amber
Guest
Tue, 14 Jul 2009 05:15:07 PM

Yep, the staff is aware that we have the right to make police report for this case. THanks.

If decided to terminate him this Friday, the effective date should be today or Friday? If Friday, are we still need to pay him for Wed & Thurs (2 days suspension)?

THanks for your reply.

CK Kong
Contributor
Tue, 14 Jul 2009 08:30:06 PM

If your boss said it is 2 days suspension, that means he is still under employment for the 2 days. Therefore, he is still entitled for the pay for Wed & Thu.

amber
Guest
Wed, 15 Jul 2009 09:34:05 AM

Noted.Thanks so much CK....

santhana
Guest
Thu, 23 Jul 2009 02:18:20 PM

If you are planning to dismiss the emplopyee for misconduct, my advice, please carry out a Domestic Inquiry. Under section 14(2) Employment Act 1955, you may suspend an employee with half pay for maximum 14 days for the purpose of invedstigation.

santhana
Guest
Thu, 23 Jul 2009 02:18:28 PM

If you are planning to dismiss the emplopyee for misconduct, my advice, please carry out a Domestic Inquiry. Under section 14(2) Employment Act 1955, you may suspend an employee with half pay for maximum 14 days for the purpose of invedstigation.

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