HRSINGAPORE Community Discussions

Criminal Breach of Trust

Question

Dear HR Professionals,

I have several questions involving an employee committing a criminal breach of trust and hope to hear suggestions/feedback from you:

1. If there is some evidence of an employee committing a Criminal Breach of Trust, does the company have the right to terminate the services of the employee without payment of notice n lieu pending investigation of the case?

2. What happens if the employee denies the case and refuses to leave? Do we then have to pay notice in lieu?

3. Must a CBD case be reported to the police or CID?

Thank you.

JN


Reply 1

First of all, the evidences must be clear and not subjected to dispute. If it is so, you may hold a dismissal meeting with the superior of the employee or the witness of the CBT presence in the meeting. It is up to the company whether to report to the police or not.

If the evidences is not clear, you may suspend the employee and pending for investigation. In this case, you may want to seriously consider report to police / CIPB for assistance.

Dan


Reply 2

1. If there is some evidence of an employee committing a Criminal Breach of Trust, does the company have the right to terminate the services of the employee without payment of notice n lieu pending investigation of the case?

Refer to MOM website on ”Termination due to employee misconduct” or refer to the Company’s Handbook on this issue. It is an inquiry period I believe you’re referring to. Currently one of our employee is on “suspension” while an inquiry is underway.

 

2. What happens if the employee denies the case and refuses to leave? Do we then have to pay notice in lieu?

To begin with, have you secured concrete evidences to support the Company’s charges against this employee. Top Mgt and HRM will have to be involved. Serious enough to lodge a police report as soon as possible. Alternatively consult your Company’s lawyer.

 

3. Must a CBD case be reported to the police or CID?

Make a police report with your evidences and let SPF decides which division to handle your case.

RH

 

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