Hi Mr Siew
1) An employee have been absence without leave, without prior approval
on numerous occasions since June, 2005 until now and he only
action that was taken against the employee is Counselling session
by the HR Department. The employee have been issued with warning
letters but up till todate beginning of April, he is still continued to be
absent without prior approval, without leave and without any good
b) Subsequently the employee was issued with a show cause letter
beginning of April to show cause why he was absent from 13, 23, 29
January, 2007 and 5, 12, 15, 21, 22 and 26 February, 2007. the
employee replied to the show cause to say that
i) he did apply for leave through his section head
ii) he also said that before he goes on leave, he will seek prior
approval from his section
iii) he also indicated that all his leave forms never seems to reach the
c) The employee was subsequently issued with a letter on Termination
of Employment and then the HR Department withdraw the
Termination letter and suspend the employee until now.
d) This employee is under a Union and the Company is in Sabah. The
Union told theCompany to withdraw the Termination Letter and
hold an inquiry.
e) One occasion in 2006, the employee was absent from work for 5
consecutive days without any approval but the HR Dept did not
straight away terminate his service for breach of contract under S15(2)
After reading what the HR dept have done, I feel that HR dept should have terminated the service of the employee in 2006 when he was absent for more than 2 consecutive days under Sec 15(2).
1) I view this whole thing as condonation. The company did not take
any action against the employee for being absent from work on so
many occassion and continued to pay his salary.
2) Then on the withdrawal of the Termination Letter... this can also be
a condonation, even though the company suspend him to hold the DI
Now the company is asking me what should they do? I have told them that they have made a big mistake I told them to carry on with the DI on the employee and I have also told them that they should not have withdraw the letter .
Mr Siew, can you please advise whether the advise that I have given to them are correct.
I tend to agree with you. The whole thing seems to be in a mess. If they were to hold a DI now, with what offence that employee to be charged? His last absence was in February and obviously he was allowed to come to work and only in April 07 a show cause letter was issued and finally his service was terminated. Now the termination letter was withdrawn but under suspension for DI. As you said the whole thing is condonation.
For me I wouldn't dare to hold a DI now I think it would better if you were to consult a lawyer who is well versed in labour laws.