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shaz
shazaalexa@yahoo.com
05/09/2010 22:48:21
Re: how to terminate problem staff

How do we go about one staff who behaved very arrogant and trouble maker. He is a business manager and his job requires him to find business for the company. it become worse ever since a new General Manager join in the company. The business manager is showing his tantrum, doesnt care of his work, try to create problems and influenced other staff to rebel.
how can we developed a case so that we can ask him to leave the company. He has not shown his interest to find any business and most of the times been absent and taking medical leave to do his personal errands. At one time he starts arguing and shouted at his superior and we find this as insubordination, but we cant build a case since the GM had earlier mention that he talked to the manager as 'friend' . We decide to ask him to leave and pay him a 3 months salary but we also see this as not right because this manager might bring the matter to labour office and accuse the company of forcing him to resign.
Appreciate your kind advise on the above matter.
Thank you
Shaza
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KL Siew
pesaraonline@gmail.com
06/09/2010 14:51:40
You have to decide what to do with him one way or the other. If you have no choice, you will have to terminate his service. Let him complain to the Industrial Relations Department and settle the matter later. Meanwhile, you can go to the Industrial Relations Department and discuss with the officers there and get some ideas.
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Marlon
marl_tam@yahoo.com
27/09/2010 15:34:07
Everything must be done accordingly and in a legal way. You must first issue a warning letter (written notice) pertaining to his unlikely attitude. You must state clearly on the said warning letter the violations that he has committed including the dates. It is clearly stated in the Labour Law that the employer shall have the right to terminate an employee on grounds of serious misconduct. Serious misconducts, insubordination, etc. are considered a JUST CAUSE and can be a valid ground for employee termination.

But please take note that employers cannot immediately terminate an employee without serving first the required notices. WHEN NO NOTICE WHATSOEVER WAS GIVEN, THERE IS VIOLATION OF DUE PROCESS. There must be at least two (2) written notices to be issued:

1. One to appraise him/her of the particular acts or omissions for which his dismissal is sought, and

2. the other is to inform him of his employer's decision to dismiss him.

The above notice (1) must be acknowledged and signed by the employee. Your company should also give him a chance to explain and defend himself. It must be made clear to the said notice that he may be dismissed anytime if he neither repeat or commits any of the company's policy.

By the time that he once again violates any of your company's policy, the 2nd notice must be served. On the said notice, you must give a date on when his termination shall take effect. It must be at least 7 days before such takes effect.

Once you have done the things that I have mentioned above, you can be certain that where ever he may go and report, his case will surely lose.

Hope I am able to help you out.

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