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26/02/2009 10:07:51
Re: Termination

Mr Siew,

My boss asked me to write a transfer letter to an employee working in KL, to trasnfer him to Alor Setar( in the offer letter, we did mention about transfering our staff from one state to another). Anyway this employee refused to do so by giving many excuses like he wants my company to pay him back his claim from company first( infact the claim already been deducted to offset his debt with my company). Therefore, i was given instruction by my boss to write him warning. First warning letter already given to him, but still he didn report on the date stated in the letter. Today, my boss asked me to write him second warning which is also the final warning letter. My question is, if he refused to report after the final warning, can my boss sack him by giving him termination letter. Should my boss pay him termination benefits in this case? What other thing should we take into consideration? How if he refuse to sign the warning letter, can we terminate him as well?
Thanks you .
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KL Siew
26/02/2009 10:20:27
If you think his refusal to heed the warning letters is a misconduct, better to hold a domestic inquiry before you take action to sack him or to give other punishment. Refer to Section 14 of the Employment Act.
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