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16/06/2009 18:11:19
Re: Termination of Staff

Dear KL Siew,

Actually i did email to you, not sure you have received it or not.
I've gone through your website and found that it's so helpful to apply some related information into my daily work. I am writing to you in regards on termination of staff, need your advise.

We have a company driver, his main responsibility is to send & fetch company staffs. Fyi, his offer letter mentioned that he is a Driver and working hours : 7.00am to 9.30am & 1.00pm to 7.30pm (lunch break = 1 hour).
Basically, he is not much work to do, fixed schedule is on morning & evening (meaning not full 8 hours working), in the middle, he will go back home usually unless some urgent matters such as document to send, we will need him to come back.

Recently, we need him to do some ad-hoc work, to deliver products in klang valley area. Thats mean he might not allow to go home in the middle anymore. We had a word with him, if he agreed, we will re-assign him as "Driver cum Despatch" and will revise his package. But he refuse to accept the additional job, he doesn't like to deliver. (Fyi, just a verbally conversation with him)

Question: can we give him a full notice (1 mth written notice as stimulated in offer letter) to terminate him? What are the proper action?
We need to get a replacement to do both "driver & delivery".

thanks n regards
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KL Siew
16/06/2009 20:07:20
Normally, you cannot simply terminate the service of a worker without just cause. If you do that even if it is done with proper notice and payment of the necessary termination benefit, the worker still can make a case against the company. Try to make him understand the real situation first. If you have no choice, you do what you have to do.
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17/06/2009 08:55:41
Noted with thanks. Worst come to worst, think have to terminate him either pay in lieu or full 1 mth notice given to him. This is because he do not want to accept any additional work.
thanks again.
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