Hi,
My company terminated an employee who earned more than RM5000 due to his unsatisfactory performance and breach of professional practice, as he misappropriated company petty cash amounting to a few thousand ringgit.
However, the company has agreed to pay his salary for the month he worked and an additional one month's compensation (as per our company policy, the resignation notice period is one month). He agreed to this by signing the termination of employment letter.
Despite this, he insists on filing a claim with the industrial relations department and has declined to receive the one month's compensation.
Could anyone advise me on what steps I can take, and what the likelihood of winning this case is?
Thank you so much in advance.
From Malaysia, Kuala Lumpur
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My company terminated an employee who earned more than RM5000 due to his unsatisfactory performance and breach of professional practice, as he misappropriated company petty cash amounting to a few thousand ringgit.
However, the company has agreed to pay his salary for the month he worked and an additional one month's compensation (as per our company policy, the resignation notice period is one month). He agreed to this by signing the termination of employment letter.
Despite this, he insists on filing a claim with the industrial relations department and has declined to receive the one month's compensation.
Could anyone advise me on what steps I can take, and what the likelihood of winning this case is?
Thank you so much in advance.
From Malaysia, Kuala Lumpur
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Dear Karen,
Your question is not clear. Are you terminating him, or is he resigning from the job? First, refer to your company's standing order. If this falls under major misconduct, then you can terminate him by completing the paper procedure for the chargesheet. Also, if possible, coordinate with your company's legal department on this issue.
Thank you.
From India, Mumbai
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2Your question is not clear. Are you terminating him, or is he resigning from the job? First, refer to your company's standing order. If this falls under major misconduct, then you can terminate him by completing the paper procedure for the chargesheet. Also, if possible, coordinate with your company's legal department on this issue.
Thank you.
From India, Mumbai
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Hi Sweety Shah,
Actually, we are the party who is terminating him by providing a termination of employment letter. He has signed and accepted the letter. However, conversely, he has sued us to the Industrial Relations Department and declined our compensation.
Attached herewith is a sample of the letter for your kind reference.
Thank you.
From Malaysia, Kuala Lumpur
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Actually, we are the party who is terminating him by providing a termination of employment letter. He has signed and accepted the letter. However, conversely, he has sued us to the Industrial Relations Department and declined our compensation.
Attached herewith is a sample of the letter for your kind reference.
Thank you.
From Malaysia, Kuala Lumpur
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Industrial Employment Standing Oder Act.doc