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Elvy Loh
01/11/2007 15:27:22
Re: Termination of Staff

Dear Sir,

Under our company policy, an employee's spouse, children, brothers, sisters, parents-in-law, brothers in-law or sisters-in-law are not permitted to work in the same branch or same department of the company.
In the event of such a relationship exists, one of the parties may be offered a transfer to another branch or dept of the same company. such arrangement is effected at our Management's discretion and is subject to the availability of suitable vacancy.

should any of the above relatioship exist, either party shall be required to leave the company if:-
1. if there is no suitable vacancy in another branch or department.
2. if the employee declines the offer by the company to be transferred to another branch or dept.

As pertaining to term No. 1; Do the company have the rights to terminate the employee if the company do not find any suitable vacancy for the staff in another branch or dept ? Are we against any rules set under EA, as to terminate a staff based on such situation?

Hope to hear from you soon. Thank you very much for your assistance.

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KL Siew
01/11/2007 17:32:45
It is quite likely that such type of incidents have happened before somewhere and the Industrial Court, High Court or the Federal Court might have given ruling on such type of cases. Unfortunately I am unable to quote you any precedents and I think the best place to get such information or advice is the Industrial Relations Department. Pay them a visit. Please give some feedback if they quote you any court decision of such matter.
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