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annmok
moksooiyong@yahoo.com
22/10/2015 11:39:19
Re: Dismissed after domestic inquiry

Hi Sir,

Please confirm whether the company should pay the staff thier annual leaves balance after the notice of dismissal given to them.
We issue the letter today and thier salary will be paid until today ie
22/10/15. Should the employer also pay for the annual leaves balance.

Please advise urgently.
Thank you very much.
Ann Mok
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KL Siew
klsiew.my@gmail.com
22/10/2015 18:52:09
If the staff has been dismissed on grounds of misconduct after due inquiry uder Section 14 of the EA, he shall not be entitled to annual leave. See below:

60E(3A) If the contract of service has been terminated by either party before an employee has taken the paid annual leave to which he is entitled under this section, the employer shall pay the employee his ordinary rate of pay in respect of every day of such leave:
Provided that this subsection shall not apply where an employee is dismissed under paragraph 14(1)(a).
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annmok
moksooiyong@yahoo.com
23/10/2015 12:52:21
Hi Siew,

Noted with thanks.
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