Forums 论坛

21/01/2010 15:23:02
Re: Misconduct - domestic inquiry


My situation is like this where by one of my staff went for 5 days leave which her leave was rejected by the management. Previously , the staff already receive two warning letter due to her punctuallity and other misconduct arise.

However, this time she went overboard.

My concern is, the management has decided to do domestic inquiry for this case. The result is this employee founded guilty and the management decided to forfeited 4 days of her carried forward leave (2009), minus 5 days leave which she already taken this year(unapproved leave) plus deducted her 5 days of unpaid leave for this month.

May I know if the punishment is against the employment law?
Edit | Delete

KL Siew
21/01/2010 15:51:27
The punishment given may fall under (c) of Section 14 of the EA. If the staff is not satisfied with the decision, he can refer the matter to the Labour Department.

"14. Termination of contract for special reasons.

(1) An employer may, on the grounds of misconduct inconsistent with the fulfilment of the express or implied conditions of his service, after due inquiry:

(a) dismiss without notice the employee; or

(b) downgrade the employee; or

(c ) impose any other lesser punishment as he deems just and fit, and where a punishment of suspension without wages is imposed, it shall not exceed a period of two weeks...."
Edit | Delete

21/01/2010 17:27:55
so, may I know whether the decision for this case can be considered under:

(c) impose any other lesser punishment as he deem just and fit and where a punishment of .....
Edit | Delete

KL Siew
21/01/2010 19:54:38
It looks like it, isn't it?
Edit | Delete

24/04/2010 04:57:50
I just attend the Industrial Relation Dept court case with employer. I was terminated with very unfair situation. I did not fight with the colleague but the employer asked two of the Director to be withness. But "hakim" mentioned that i was claim on been terminated without notice. Employer should pay me the 8 weeks notice and plus 16 years which i had been worked with the company. It is true???
Edit | Delete

Post Response (Feel free to share your experiences)

Email:  (optional)


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