Forums 论坛



KS Tan
26/03/2010 14:40:23
Re: Terminating a Problematic employee

Hi Siew,

We have an employee who does not meet reasonable deadlines, sits in the office playing computer games while the urgent stuff is left unattended. She is also trying to influence other staff to follow her footsteps. In summary, she is showing poor performance and negative attitude in the working environment.

How can we terminate this employee without going against the law? My employer had a 1:1 with her on her performance and has already highlighted his concerns to her but there was no written warning or whatsoever given. Despite this, we do not see any improvement. Her salary is above 2K and she has been with the company for about 4 years.

Thanks.
Edit | Delete


KL Siew
pesaraonline@gmail.com
26/03/2010 14:57:41
For a staff with 4 years service, I tend to think the fault is more with the boss for not knowing how to be a boss. I think you should be the one to put her in her proper place first before thinking of terminating her service.
Edit | Delete

KS Tan
26/03/2010 15:40:24
Thanks Siew.

I probably did not make myself clear. The staff has told us that she purposely does these so that our employer can terminate her and she gets compensation for that. Her main aim is to not work, but still get paid/compensated. My employer has been very patient with her for the past 4 years and had been giving in to her but lately her actions became extreme. She became unhappy after the 1:1 when my employer highlighted to her on her poor performance and indicated to her that he hopes to see some improvement after the 1:1.

I do not think I am bias because everyone in the office feels it's best for the company to not have her. Some of my colleagues even felt that my employer is too nice to a person like this.

My employer plans to terminate this employee, but does not want to go against the law. What is your advise on the procedure? Thanks.
Edit | Delete

brandon
26/03/2010 17:07:35
dear siew,

my company also encounter such problematic and under perform staff too..but luckily she's still under 3months probation. can you pls let us know wht's the correct procedure to terminate such staff, so they can't make claim against us..thx
Edit | Delete

KL Siew
26/03/2010 17:10:58
1. Normal way of termination. Give proper notice and pay the appropriate amount of compensation based on the years of service. Although she is not covered by the Employment Act, you may use the Employment(Termination and Layoff Benefits)Regulations as a guide to pay the termination benefits. But be aware that even though you are willing to pay the necessary benefits, she still can complain. Since she is not happy with the company and the company is also not happy with her, discuss frankly with her as to how to end the employment amicably.

2. Dismissal without compensation or termination benefits. In this, you have to have very good reasons to do so. There must be misconduct and in order to prove that you may have to hold a domestic inquiry to inquire into the nature of the misconduct. If you are not sure how to do a domestic inquiry, you may engate an outside labour consultant to assist you.
Edit | Delete

KS Tan
29/03/2010 16:01:41
Thanks for the guidance, Siew. Appreciate it.
Edit | Delete

Post Response (Feel free to share your experiences)

Name:
Email:  (optional)
Message:

 

Best to get official advice, call now! Labour Office   EPF   SOCSO