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26/04/2011 13:07:43
Re: Termination

Hi, i had a situation as below:-

A lorry driver always come to work but he sleep at the lorry when working time. He only join our company not more than 1 month. I already do DI and he said that he not enough sleep, he claim that it is a sickness. But when we ask for doctor letter he claim that he don't have. So now our company plan to terminate his service.

1) Can we terminate that staff immediately without giving notice period? In the offer letter need 1 week notice of termination but he is not doing any work. Mean the 1 week salary we are giving free to him.

2) Can we also don't give all his salary of that month? We are paying him very high salary but in this 1 month he totally not doing anything and just sleep?
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KL Siew
26/04/2011 15:43:48
Since you have already conducted the DI, the panel should give the management their recommendations after looking into all the evidence of the case. If you are in the panel conducting the DI, make your recommendations to the management as to the type of action to be taken against the employee concerned. If the management agrees with your recommendations, act accordingly.
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26/04/2011 15:52:45
My company is not a big company, the DI we make just consist of 3 people. Me, the staff supervisor and my boss. So we don't know we terminate him without pay is legal or not.
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KL Siew
26/04/2011 17:37:27
If you think the offence is serious, you have to make a decision, right or wrong. Don't delay in taking action. Otherwise, you may be condoning him. If you are still worried about your action, consult the local Industrial Relation Department and get some advice from them.
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