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28/02/2009 23:02:10
Re: suspended and waiting for DI

dear sir,

an employee of our company which holding a managerial position in the company found the breach the company rules and regulations by acting as another supplier and contacted our customer, offered the customer lower price than ours and at the same time offered a commision to the customer. this act we found out with evidence (by sms sent to the customer). according to the employee, he admit that he has sent the sms but with the mindset that the price he offered is higher than ours and he checking out whether the customer has chance to run away from us.

we found this incident last wednesday and we have suspended him until we perform a DI on him. What is the maximum action we can take on him? can we publish in newspaper that this employee is no more in the company due to breaching the company terms?

furthermore, the employee has already tendered his resignation letter 1 month before the sms but he have to give notice for 3 months (last day should be end of the month). so, can we still call him for DI or take action on him? please let us know. thank you.
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KL Siew
01/03/2009 09:53:47
An employee holding a managerial position is very likely not covered by the Employment Act, but if you want to use it as a guide, you may refer to Section 14 for the type of punishment you may give.

"14. Termination of contract for special reasons.

(1) An employer may, on the grounds of misconduct inconsistent with the fulfilment of the express or implied conditions of his service, after due inquiry:

(a) dismiss without notice the employee; or

(b) downgrade the employee; or

(c ) impose any other lesser punishment as he deems just and fit, and where a punishment of suspension without wages is imposed, it shall not exceed a period of two weeks.
2. About publishing in newspaper, you may have to check with your company lawyer;

3. I think you can still holding a DI if you think it's worthwhile. Getting evidence can be a problem. Consult your lawyer about it.
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