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Ronnie Tan
10/08/2009 19:55:21

I have a staff who manipulated some bills and we found out that nothing much can be done as we have verified and approved his claims. Before we could give him a warning letter or terminate him, we have suspended him and lodge a police report against him. Six months have passed and there is no outcome from the police and he is still under suspension.
The question is:
1) do we have to pay his salary while under suspension or under investigation?
2) If yes, is it full month or half month?
3) our HR resigned and did not give
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Ronnie Tan
10/08/2009 20:11:52
sorry i pressed post it button..
3) our HR resigned and did not give a notice after two weeks of his suspension.
4) My manager sent him e mail and accepted his resignation letter.( he gave to one of the staff)
5) The company failed to pay his salary.(overlooked)
6)What if he lodge a complaint against us at the labour court? Do we have a chance to oust his claims?7) Can we defend ourself by using the police report copy to the labor dept?
The accounts had been audited since then, can he put the blame on us that we have audited and verified his claims before paying him and have to pay his dues.
If we have to pay, do we have to pay him since he got suspended along with the EPF? That will be over 100k...

Need your advise on this matter. Thank you so much.
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11/08/2009 19:37:55
You had a chance to claim back the over-payment from him within 3 months of that incident according to the following Act:

Sec 24(2)(a) "deductions to the extent of any overpayment of wages made during the immediately preceding three months from the month in which deductions are to be made, by the employer to the employee by the employer's mistake;"

You could actually sack him on the ground of the serious misconduct supported with a police report. But the proper procedure requires a domestic inquiry to be conducted before termination takes place.

I don't think he will humiliate himself by filing a complaint on this case with Labour Department. Even if he does, just prepare your evidence for the defence.

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Ronnie Tan
11/08/2009 21:25:07
I am trying to help both side from the employer and the employee-I want to be neutral.

Now the question is..
1. our manager has made a silly mistake by sending him a mail for the acceptance of the resignation where as i believe it has impliedly discharged any liablities or allegations towards him.
2. Actually the company also ows him his allowance which was not paid since 2005.
3. He also gave the company big amount of hard cash when company was in trouble in 2005 by promising him the money will be paid back within months.
4. He resigned and filed a suit against us of quite a big amount before we made the police report.
5. I think there was a friction between him and our finance dept.
6.Even all the staff signed a petition that he is innocent.*ALL*
7. After i went through the bills, it seems that the accountant made a mistake by not checking the items which the manager purchased for the companys usage. with a profit margin sold to our clients.As the manager also wrote on the bills for what purpose and where the items were used.The clients paid in full.
8. The seller, A singapore based company denied that our manager purchased any item from them and the transaction was in Cash.
9. The items was actually purchased. But singapore company personal denied that the bills also belongs to them.the staff would have taken the money
10. So can any employer just make a police report to defend them self?

11. What if he ask the Income tax dept to come and audit the company accounts and found that what ever he purchased was for the benefit of the company?
12. What shall i do with this accountant if later found out that all he did wasdue to personal grudges?
The actual report was that he took the money but did not purchase any items.

He was suspended since then and the company didnot gave him any verdict but still emailed him after a month stating that he is still under suspension.
There is abiguity in the case that our accountant reported. the manager had been purchasing the item from the same singapore company for the past 10 years and he challenged our company to dig out all the files since 1999 as the accountant only reported since 2005.
This is a small company and i dont wish to loose my job along with the others...

As i looked at it, the accontant made lots of mistake.

The Manager did make Report to the IR under constructive dismissal as the accountant sent a letter to the manager stating that the company is deducting the salary from his allowance of RM1000.00.
It was very obvious this is malpractice but the accountant wanted to save some money for the company.
I also went along my accountant to the IR office for Rundingan Damai. We produced the Police report and the IR officer says that there was no CD as the manager also sent the resignation letter.
The manager actually was a graduate in Law was very calm and he was willing to withdraw all the case is we could answer him...but we were stunned.

He says" ..."kalau ni bukan CD, hanya jawab satu soalan dan jika pihak syarikat boleh menjawab maka saya menarik balik segala aduan- Kalau saya berhenti dengan rela hati saya, kenapa, mengapa syarikat tidak bayar balik gaji saya satu bulan dan ganti notis 1 bulan selepas 6 bulan? Sdangkan the acciontant already accepted his resignation.
The another problem we might face that we use to pay money to our client and he has all the transactions records. Can he use that to report at the Anti corruption dept? he used to transfer the monies from his savings account and company will reimburse him at the end of the month.

Now this manager is asking for reinstatement and not salary.

What shall we do.

Our lawyers also are in gloom as the only defence we have is the police report and the case has been post poned 5th times as our lawyers are using their evasive delay tactics.

What if he is acquitted from all the charges. Will company have to pay all his dues?
If yes how much would it be as his salary was 14k and his claims of allowance is amounting to RM 185k.
Do we have to pay 24 months salary if we did not reinstate him?

Sorry foir the detailed and long explaination.

Do we stand to win this type of case.
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11/08/2009 23:33:50
This is not a case of an ordinary employer and employee relationship. This manager used to go through the hard time with the company by sustaining the latter with his own savings; where he could be one of the owners if he was lucky enough.

Everyone has the rights to lodge a police report. But the fact is, not all police report would be endorsed as a solid evidence in a litigation. Especially for this case where "ALL" staff can prove his innocence.

Since this case involves monetary friction which was caused by the mistake of both the employer and employee; my suggestion is, let's sit down and negotiate outside the court, in order to avoid a possible bigger loss.

As to Anti Corruption Agency, I can't help on that.
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