Good Day to you Mr.CK Kong

I need your sound advice on this related matter

I’m working as HR executive in a Multinational Company for the past 3 years, recently my company terminated one of our production line leader who was working for 17 with the company after due inquiry by our third party DI panel members ( 3 managers from our KL Head office).

Prior to this she had 3 warning letters issued to her for negligence in 2004, 2006 and the final warning letter in 2008.

She even wrote to her production manager in 2008 asking to be transferred back to her previous post as production line operator and we have a copy of the letter sign and acknowledge received by our HR manager in her personnel file.

As company representatives, my HR manager and I were called to the Penang IR office for a meeting on her reinstatement. During this meeting with the IR officer, the line leader produced new evidence which was presented to the IR officer on our company written policy and procedures on her job related scope of work and task dated 2007 and the next review date would be in 2012. On the written policy and procedures her job scope does not define that the negligence occurred as her responsibilities. All this while what she was doing was only a practice.

She also produced and showed to the IR officer our new Policy and procedures which was Released 2 weeks after her negligence and before her DI hearing by our production line Manager (In facts even I did not know about its release until shown) which was used by our third party DI panel members from our KL head office who has Zero production experience and Knowledge on production related matters. They believe that the charge against her is in line with the newly released company policy and procedures shown to them and which was used to find her guilty and terminate her.

During the meeting she was asked on why she did not bring or highlighted this matter during her DI proceeding and her reply was she did not go through the company written policy and procedures related to her job scope before the hearing and only after her termination she went through the company policy and procedures and realized that it was not under her scope of responsibilities.

My HR manager told to the IR officer that the directive given by the company is not to reinstate her back and the company is willing to go to court in required.

On the way back my HR manager told me that the company case against her is very strong and the company would win hand down if it’s taken to court and the company would engage top IR lawyers to defend the company interest. This is due to our Company HR related policies for employees does not have or carry any time frame for a warning letter validity on previously issued warning letters.(for your info our factory in penang is not unionized).

I’m still on my learning curve at my current job profession and you Mr.CK Kong have vast experience in this type of issues and matters, my question is if this case goes to court hearing what would prevail?

1)      The Practice?

2)      The written company policies and procedures?

3)      Or the signed DI documents by the Line Leader?

Thank You                                                                                                                                                                 Brian