Penang Chong

12/24/2007 9:19:22 PM
Re: Termination for misconduct - shall i pay the employee salary

The company hired a sale personal in KL since July07. The sale performance is not even match the salary(RM1700). The company is lossing money on her. Her sale for July (RM2900),Aug(RM2600), Sept(RM1400), Oct(RM650 actual vs reported to company as RM2100),Nov (RM1400 ) and Dec(RM90). i admitted that i didnt track her actual sale and bank in account monthly. The company suspect her honesty and on hold her Nov07 salary. I requested her (1st Dec) to send the Sep,Oct and Nov 07 sale record to close the account. She could not provide it on 1st Dec and drag till 14Dec07. Out of shock, i just reliaze that she overclaim the sales on Oct and tell me there is a lot of invoice being cancelled. It took me a week to confirm all the figure, on 21st Dec the company terminate her for the 3 solid evident and reason of dishonest.
1) She overclaimed the Oct07's sale performance to mislead the company
2) The company discovered that she hide some invoice. The company called a few regular customer and discovered this
3)The money she bank in to the company is less than the actual total sale
. She still owe company for RM700.
a) Shall the company pay the Nov07 salary to her?
b) She requested to pay her salary till 21Dec07, can the company refuse to pay her because she is the one who drag the account and had 3 solid evident of dishonest as above? the company might be terminate her earlier if she provided the acc earlier.
c) anything else the company can do (eg report to police) in order to protect company benefit?

thanks in advance
Chong from Penang
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KL Siew
12/24/2007 9:55:29 PM
I believe you will be hearing from the Industrial Relations Department soon. I am quite sure she will be complaining to that Department for wrongful dismissal especially when she did not get paid salary for Nov and Dec. .

One weak point in your case is that you don't seem to have held a domestic inquiry before you dismissed her. For the moment you just maintain your grounds until it is ruled otherwise by the authority. It is not proper for me to give any advice without knowing the details. Talk to the police whether it is worth reporting a case of such nature.
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