There is a case in our company whereby he is involved in stolen company products case and we suspend him for 3 days from 05/04/08 until 08/04/08 by issue him show cause letter and he had to reply the show cause letter on 08/04/08 in written. But after 3 days that is on 08/04/08 he did submitted his replied of show cause letter together with his resigned letter. So, do we need to pay for the 3 days suspension period?
Since the domestic inquiry was not held, we don't know whether he is guilty or not, I think the benefit of the doubt should be given to him. Judging from the proviso of Section 14, his 3 days wages should be restored.
14(2) For the purposes of an inquiry under subsection (1), the employer may suspend the employee from work for a period not exceeding two weeks but shall pay him not less than half of his wages for such period;
Provided that if the inquiry does not disclose any misconduct on the part of the employee the employer shall forthwith restore to the employee the full amount of wages so withheld.
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