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Issuing Warning Letter to employee (when company has no written guidelines)

Azrul Azrin Abdul Aziz
Fri, 09 Sep 2011 05:17:17 PM  (Last updated: Sat, 10 Sep 2011 02:03:05 PM)

Hi there,

As an employer, do we have the right to issue a Final Written Warning to an employee if the company does not have any proper policy/guidelines in place?

I have a case where an employee didn't follow the proper channels in doing his job, though no fraud was involved. Currently the company does not have any written policy/procedures on this incident. And I'm being asked to issue a Final Warning letter to an employee.

Is it fair for an employer to issue a Final Written Warning without issuing any Caution Letter first? The employee can refute this by saying there were no proper guidelines in the first place and it would be unfair to penalise him with a Final Warning on this matter.

KL Siew
Sat, 10 Sep 2011 02:03:04 PM

It depends how serious is the offence. There is no law to say how many warnings should be given. You can always consult the Labour Department or the Industrial Relations Department for some official advice so that you can try to convince whosoever who asked to issue the final warning about proper way to do it. 

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