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San
04/10/2017 18:18:47
Re: Resignation to avoid disciplinary action

Dear Mr Siew

I have an employee who have committed some misconduct whereby he took money from the Cash Register and it was clearly shown on the CCTV recording. He was put on suspension for 14 days with half pay and subsequent suspension with full pay. Thereafter, he was served with a Show Cause letter requiring him to reply to his misconduct. A few days after acknowledged receipt of the Show cause, the employee tendered his resignation.

Question is ....the first suspension of 14 days with half pay - should the company pay him back the full 14 days or only pay half pay for the 14 days ?

If we are going to accept his resignation to avoid disciplinary action and we are giving back his full pay for the 1st 14 days suspension, it look like this employee had not committed any misconduct . Am I right

Thank you
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KL siew
klsiew.my@gmail.com
05/10/2017 16:29:06
If you refer Section 14 of the Employment Act for info. In my opinion according that section, after the 14 days suspension no further action was taken to conduct domestic inquiry and you restored his full pay, I would think there was no misconduct was committed.
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