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13/05/2010 14:38:15
Re: Teminate employee without domestic enquiry

Dear Mr Siew,

Recently we terminated an employee for having a fist fight with another employee. Since this is his 2nd offence, he was terminated on the day itself without suspension and domestic enquiry since his misconduct was recorded clearly on CCTV.

The next day he made a complaint to the industrial Relation dept and I had to attend the pendamaian. All the talks was about paying him compensation. Can the company refuse to pay him a single cent ?

Fyi, this employee was sacked twice prior to this and one of them is for beating up his fellow worker with a steel rod
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KL Siew
13/05/2010 15:34:44
The company can stand its ground in not wanting to pay anything. Let the Industrial Court decided should the case be referred to it.
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14/05/2010 22:19:34
In addition, The claim of Sec 20 of IR Act is strictly for reinstatement. Since that the employee is seeking compensation that is monetary term, the department should have to dismiss the case because its have no jurisdiction to the claim.
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15/05/2010 09:53:59
He did asked for reinstatement,as a matter of fact it's his main priorty but nobody in his sound would take back a fighting cock.

Luckily he did this infront of CCTV, if he hit someone without any witness it'd be dificult ro sack him
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19/05/2010 12:56:20
isn't it everytime no matter what kind of misconduct Domestic Enquiry have to be done first before terminate the staff.
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