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11/06/2010 22:08:36
Re: Theft case

Hi Sir,

this happen in one of my restaurant. customer A has left the wallet in the restaurant, and the service crew is believe to pick up the wallet, and took the money in the wallet, left behind the wallet and then went home. it happen to be the table of the customer A is seated by customer B where the wallet is placed. however it is stated that the camera CCTV shown that the service crew has found and take the wallet from the customer A statement. customer A makes a police report. my company also make a police report but the police say that since the customer A already make a report, then its no need for the company to make a police report.
The employee (service crew) has been absent from work since the incident an refuse to answer phone call.

Question 1: Can the employer terminate the employee as section 13(2) on the basis that he has breach the contract of service for missing for more than 2 days without intending to inform the employer as section 15(2) (since he refuse to answer employer call)

Question 2: Can the termination be done without giving notice or the employer will need to follow the proper procedure for termination (show cause letter -> domestic inquiry-> termination)?

Question 3: is there a clause that an employee has cases with the enforcement forces (police) can be automatically terminated?

Will be grateful for your help..

Thanks in advance
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KL Siew
12/06/2010 14:09:56
If you have solid proof that the service crew concerned has taken the money, I think it would be better holding a domestic inquiry into the issue and mete the appropriate punishment. You do you part and let the police do their part.
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