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Mdm Tang
03/05/2011 15:29:31
Re: Termination due to retrench

Recently, the management is restructuring the company. We have decided to terminate some staff which have poor performance, Can the management just terminate staff giving reason like company need to retrench, or giving reason of poor performance is more appropriate.
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HR
03/05/2011 17:59:48
If you say the company is going to retrench, the employee got the right to ask for compensation.

If you giving reason of poor performance, normally it won't lead to termination.

So, which choice also not a very good choice.

Instead of terminate the staff, try to do a DI so the employer can know the reason of the poor performance. The employee also can have a chance to defend him/her self.

In future if really the staff can't performance, then the employer also got reason to terminate the staff since DI already been done.

BUT, if you company really want to terminate the staff, then the right procedure is giving a period of time written notice to the employee stated the termination of contract/service.
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Mdm Tang
04/05/2011 11:30:15
The main reason why the management decided to terminate this staff is because he has cause a serious disturbance to one of our female employee which she has left because of him. The management doubt his personality, at the same time, he also cant perform well in his position. We have given unformal warning to this staff orally once, without any warning letter. What reason is the most suitable for his case. Of course, he shall be paid for another month salary for this termination.

Thank you
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Mdm Tang
04/05/2011 11:51:39
If management given 3 times warning letters, can we terminate the employee without paying 1 month salary.
OR
if management pay 1 month salary to the employee, can we terminate the staff with immediate effect.
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HR
04/05/2011 11:54:58
Since it is like that, i can't say what is most suitable thing to do. It is depend on your company want to do it which way.

I just can say if i'm the person in charge, i will give a termination letter to the employee. The reason for termination is because "sexual harassment toward other female employee on (date)" and also "poor performance". Since sexual harassment consider heavy misconduct, employer can terminate the employee immediately without paying any compensation.
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Mdm Tang
04/05/2011 12:00:13
Thank you so much.

So, we will terminate this staff with immediate effect without 1 month salary being paid to him.
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