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amber
25/08/2009 10:02:31
Re: Disciplinary - Warning Letter

Hi, found that my company policy "any written warning for a misconduct issued to an employee shall cease to have effect 1 year after the date it was first issued".
Would like to know any written warning should be taken in whole employment with the company or up to the company as above (effect 1 year for every written warning)? If 1st warning issued on 01/01/08, is that mean when another warning issued on 02/02/09 will be 1st warning again?
Please advise. Thanks.
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KL Siew
kl_siew@yahoo.com
25/08/2009 11:27:26
You got it correct but I have a few observations:

1. "..for a misconduct.." or should it be "...for a similar misconduct.."? Will a misconduct of coming to work late and a misconduct of scolding a supervisor be the same misconduct? To me, it should be treated as two separate misconducts.

2. Is 1 year the accepted legal standard? I can't quote you any Industrial Court or other court decisions now. Consult the Industrial Relations Department. Whatever it is, since there is such a company ruling, draw the worker's attention to it when issuing a warning.
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amber
25/08/2009 11:59:52
Do you mean if the policy "...for a similar misconduct..." will it be better? If 2 separate misconducts, can it take in as whole employement then? I have no idea.
So far, company practise is any warning after the 1 year issued, will be treated another new 1st warning. and i have no idea whether this is correct or not.
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KL Siew
25/08/2009 12:05:22
That's why I suggested you get some official opinion from the Industrial Relations Department. We don't want to speculate here.
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amber
25/08/2009 12:54:10
Ok. thanks Mr. Siew for your advise.
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