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Please advise on misconduct and termination

Thu, 04 Feb 2010 01:58:53 PM  (Last updated: Thu, 04 Feb 2010 06:05:45 PM)

I have a friend who is working for an MNC operation/manufacturing department where employees have to "scan in" and "out" when they report or leave work. This is for tracking of OT as well.

2 days ago his car broke down so he asked his fellow colleague to do that for him so he could fix his car and still claim his OT (which is wrong on his part) . This act of his freind was caught on the camera and now the HR Manager would like to terminate both of them. Question:

1. Do employer needs to give 3 warnings of the "same" misconduct before terminating any employees?

2. If termination takes place in this case, be it immediately or given a period of time of notice, what is the compensation?

3. Is this consider a serious misconduct that would cause an immediate termination ? What is considered serious misconduct?

4. If the manager of the employees thinks that the misconduct is minor and should not cause a termination but a warning, could he stop the HR manager?

Appreciate your legal advice

Thank you

KL Siew
Thu, 04 Feb 2010 06:05:40 PM

Misconduct can be "major" or "minor". Some companies have their own disciplinary procedure and may even define what are major or minor misconduct. As for your friend and his colleague, if they are not satisfied with the action of their employer, what they can do is to make a claim under Section 20 of the Industrial Relations Act for reinstatement.

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