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amber
02/07/2009 17:33:05
Re: Disciplinary Policy

Dear Mr. Siew,

A staff who did a mistake due to carelessness and caused company lost (bared the cost). This mistake is a serious issue in our company. Previously, we will issue warning letter on such case.
Currently, Management would like to revise the Policy which to include the fact that punishment (besides the standard warning letters) should include payment of damages, deducted from the staff's salary - if found guilty and solely responsible for the error. Can we included salary deduction as punishment in policy?
Can Mr. Siew advise what are the solutions in handling a serious misconduct?

thanks
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KL Siew
kl_siew@yahoo.com
02/07/2009 17:54:11
Of course, the company has right to formulate policies in the interests of the company. Any misconduct, be it carelessness and what not, should be dealt with accordingly. Section 14 of the Employment Act is very clear about how to deal with misconduct. You wouldn't be too wrong if you follow it properly. Whatever it is, the person has allegedly committed the offence must be given a fair chance to defend himself. Read section 14 of the EA.
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amber
03/07/2009 09:29:49
Sec 14 of the EA mentioned a DI must conducted. is that mean whenever a misconduct, a proper DI is a must before apply the policy (salary deduction)? can we use email as a prove (supporting) to punish the staff who did the misconduct (meaning no DI conducted)?i mean in the email the staff admitted the mistake.
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KL Siew
03/07/2009 11:11:45
I am not sure about that. But be aware of Section 24 of the Employment Act about deduction of wages. Read it at http://pesaraonline.net/part4.htm
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amber
03/07/2009 15:43:28
thanks Mr. Siew.
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