Re: Termination of Frustrated and Repudiated Staffs
I have a situation here, the Company is in the direction of Reorganization to improve Productivity and Financial Performance to pre-empt any business downfalls in the near future.
Staff 1 and 2 are brother in relationship. When we started the manufacturing in 2002, they were hired as the Company feels that it was and added advantage to have family members involved to prevent the leakage of trade secrets as we have not set up the preventive procedures in the 1st place. Staff 1 in charge of Production and Quality Assurance, Staff 2 incharge of Logistic, Warehousing and Planning (but with LCCI background).
We recently restructure to deploy Staff 2 to handle Accounting looking at his future (in-case we shift to 3rd party manufacturing, he will have difficulty to find the same job with same wages) due to his educational background, but he repudiated the appointment by giving reason he has no interest in accounting anymore. In the event, we insist him to do so, he and his elder brother (Staff 1) treatened the Company " Big Things" will happen and will not let the ISO/HACCP Certification renewed smoothly.
Staff 1 and 2 treatened the Company to issue MEMO for every job instruction from the Top Management eventhough it is understood as their responsibilities and routines. Verbal job and company directive will be declined by them eventhough from the mouth of Managing Director.
Raised their voice (in fighting mode) when the Managing Director talked to them about the restructuring of organization for better future. The Company has given them many chances for their improvement, but as per now for years, the Company is Frustrated with their THREATENING BEHAVIOUR, SHOW NO RESPECT TO IMMEDIATE SUPERIOR AND MANAGING DIRECTOR, MAKE THIS DIFFICULT FOR THE COMPANY TO MOVE FORWARD for the sake of shareholders and company.
They always challenge the Company if to terminate them must compensate them like VSS kind of benefits by Multinational Companies as they have been with us for so many year. They will do their job as per requested but it always started with "heavy argument - do their own way" first and not the Management way.
Having been tolerate with their attitude and behaviour for years, We have decided to terminate them based on their Appointment Letter whereby termination notice by either party is 1 month due to the Frustration faced by the Top Management.
Staff 1 and 2 have been with the Company since 2002 and 2001. Can we terminate and compensate in lieu based on the Letter Offer/Employment Agreement/Contract or have to follow their challenge to terminat them based on VSS benefit?
Awaiting your reply ASAP.