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11/05/2015 13:17:50
Re: termination

I have an employee join us since 2 years ago.
Recently he seem like not concentrate in his career and never put effort for his responsibilities.

Last year November 2014, we have issued an Domestic Inquiry letter to him and warn him that must change his attitude and improve his performance.
But this year he still act like usual, early punch out without informing superior and taken a lot of emergency leave.

Last week, he sms my GM and informed that need to take few days leave again but after request him to submit supporting documents, my GM found that he bought a flight ticket since last few months ago but he never informed and never planned to apply leave in advance.
His attitude definitely reflect that he is not consent about his work and no responsibilities at all.

In this scenario, can I issue Final Warning letter and following with termination letter? Should company pay him 1 month of salary for “notice in lieu”?
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KL Siew
11/05/2015 17:36:50
Hold another DI and decide.
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13/05/2015 10:08:49
I have issued a Show Cause letter to the employee but he insist don't want to acknowledge or sign. I have issue another Warning letter to him as well for his performance and poor attitude. Both of the letter still valid if he didn't sign?
Please advise.
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KL Siew
13/05/2015 10:13:57
If there is misconduct involved, it is important to hold a DI. He did not respond to the show cause letters, that may also be good reasons for holding the DI.
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yoong chee weng
07/06/2015 02:01:40
Dear Sir/Madam

I am employed with fixed income, more than $2000 (in fact much more) Malaysian Ringgit fixed salary for more than 4 years but without an official contract

I did not insist on a written contrat as the supervisor kept delaying until I stopped asking, fearing I might lose a good salary job at my age

I have name cards printed by the company

i used company equipment for my work and travel with company car most of the time

I get intructions to work from my supervisor

Recently without official notice and reason, the new supervisor said starting from 2015 April15 - May15 i will be paid by piece meal and that he has the rights to refuse me assignment he deems fit and the right to engage others in lieu of me.

I still have many days of annual leaves not taken and have issues of benefits like bonuses and increment but he said instruction was from the top and he could not do anything about it

I also suspect that he had cheated me on outstation allowances as he paid me once and stopped after that

The company does not pay Income tax and EPF and operates at residential apartment but i think this don't really matter for the time being.

May I know if I stand any chance of going against my employer which is a well know brand in the broadcasting industry.

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11/06/2015 10:46:15
issue the Show Cause Letter personally to him with a witness, if he refuses to acknowledge receipt then you can just note on your copy that letter was passed to him on what date and that he refused to acknowledge it. The witness should sign the copy to confirm.

If he fails to reply then issue another one for insubordination cause its a legit directive for him to respond to the show cause. Conduct another DI on him and he fails to turn up, proceed the DI on ex-partie (with his absence). Repeat of a similar misconduct is a gross misconduct. You should look up Ind Court cases on this.

yoong chee weng,
there 2 types of employment contracts i.e. implied and applied. going to work with all the above is an example of applied terms of contract. your pay slip, business card etc are proves that you are an employee of the company. if you have been getting all these benefits continuously from the company before they started cutting it, then it should not have happened.

Ask for a written revised term of this matter. Else, report yourself to the labor office and IR department for victimization
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Yoong Chee Weng
07/01/2016 23:57:21
Dear Sir,

Many thanks for answering my queries above.

Our office in KL is under the purview of Hong Kong HQ.

The HQ chief met me in KL on August 2015 when she promised to look into my situation

I wrote her a few emails after that to check on the status and made more complains about my bullying KL bureau chief but she chose to ignore me altogether although I was never rude, have been polite and done professionally.

She was aware of the messages sent to her, could that be legally wrong on her part and would it be to my advantage if I chose to sue the company.

Many thanks in advance again, best regards.

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