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Termination of employment without notice as a result of serious misconduct

Angela73
Member
Tue, 20 Feb 2018 01:36:08 AM  (Last updated: Tue, 20 Feb 2018 03:29:58 PM)

There is a clause in my employment letter which states that my company can terminate my employment without notice in the event of "serious misconduct" but doesn't elaborate or gives examples of what "serious misconduct" means. 

In cases like this, what misconducts are deemed "serious"? 

I have reason to believe that my company is trying to terminate my employment by taking petty offences/issues ( work-related and non work-related ) and making them out to be "serious".

Please advise.

Angela

fireadd
Member
Tue, 20 Feb 2018 10:59:48 AM

Dear Angela,

There is no hard and fast definition for serious misconduct, though common examples would be sexual harrasment, sleeping on the job, theft, violence, negligence and so on and in addition, not all misconduct will entitle the employer to dismiss an employee.

Remember as well, if the misconduct is serious, a show cause notice and a domestic inquiry ought to be held to give you an opportunity to explain your actions.
 

Gon
Contributor
Tue, 20 Feb 2018 12:17:26 PM

you may refer to your company handbook for the misconduct

However, it often not limited to the list in the book because i dun think you can list all the misconduct in a book.

Generally, misconduct is an act of improper behaviour, intentional wrongdoing or violation toward standard of behaviour of culture in company

Angela73
Member
Tue, 20 Feb 2018 02:00:12 PM
Originally posted by Gon on Tue, 20 Feb 2018 12:17:26 PM

you may refer to your company handbook for the misconduct

However, it often not limited to the list in the book because i dun think you can list all the misconduct in a book.

Generally, misconduct is an act of improper behaviour, intentional wrongdoing or violation toward standard of behaviour of culture in company

The company has been in operation for less than 1 year. There is also no company handbook to refer to ( until recently AFTER the show cause letter has been issued ). There has also been no internal memo or any circular ( except perhaps one or two but they are on very specific matters ) on this matter.

In this case, how will "serious" misconduct be defined? It's open to different interpretation.

My termination without notice hinges on this definition. My company wishes to save on paying me my one month salary for termination of employment by either party under normal circumstances.

Thanks,

Angela

Gon
Contributor
Tue, 20 Feb 2018 03:29:58 PM

if you dun mind, please share what is the charges and misconduct

  This topic is closed