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irene
05/02/2009 13:40:51
Re: warning letter

Hi siew,

i need yr professional advice on issuing the warning letter / show cause letter to employee. which one comes first? usually how long does the company need to give the employee to response the letter in written to the company? and what is the reasonable observation period need to give to that employee?

how many warning letters / show cause letters lead to dismissal?





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KL Siew
kl_siew@yahoo.com
05/02/2009 14:26:41
There is no law to say which one should come first. It all depends on how serious is the act. For minor cases like coming to work late, you may give a warning letter telling him not to repeat the wrongful act. Other the other hand for more serious offences like smoking at no-smoking area of the factory, which you intend to take disciplinary action, you may him to show cause or give an explanation for doing that.

As to the number of warnings, it also depends on how serious the offence is. For ordinary ones, first, second and final warning would be enough. You simply cannot go on giving warnings or keep on asking the employee to show cause for this and that.
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irene
05/02/2009 15:01:50
that day i went to the kementerian sumber manusia, the assistance director told me that the sequence shall be as follows:

1. warning letter
2. showcause letter
3. warning letter

is it true? which do i need to follow?
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KL Siew
05/02/2009 16:12:59
I don't know about that. For example, if a worker were to slap your supervisor, do you need to follow that sequence allowing him to slap up to 3 times? As I said, there is no hard and fast rule, it depends on the situations.
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irene
05/02/2009 17:26:12
haha.. the example that you picked for your clear explanation was really funny! it links me to an additional question as follows:

as per your previous statement "For ordinary ones, first, second and final warning would be enough".

Can the company fire an employee after issuing the first, second and final warning letter, but 3 of the letters were refer to the 3 different offences?

pls advice. Thanks!
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KL Siew
05/02/2009 18:18:49
I remember reading some Industrial Court decision years ago stating that warning should be given for similar type of offence and such warnings should be valid for a certain period. For example, you should not give a second warning when the worker was given a similar warning one year ago or 6 month ago. I am unable to tell you what should be the proper period in between offence to be considered as valid as I cannot quote any past court cases or decisions as I no longer have access to them now. If you really want to know more, you should pay a visit to the Industrial Relations Department as have a talk with the officers there for the latest updates.
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irene
06/02/2009 09:12:40
Thanks for yr guidance, have a nice weekend and Happy Chap Goh Mei!!
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lilly
lovely_lilly35@yahoo.com
24/06/2009 11:11:30
Hi Siew,

I'd read the comments... so what is your opinion... In my case, I receive show cause letter without any verbal notice. The employer said they just need an answer from me to decide wether my offence is true or not!... i'm confuce???? why they direct give me the letter?
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