QUESTION

Dear all,

I work for a SME and in our employment contracts, there is no clause pertaining to probation/confirmation but only with a termination notice for one month. We have recently employed a new operational staff for less than 3 months. He had initially applied for 9 days of unpaid leave, which the HOD approved due to his mother was ill and he was needed to care for her. However, these leaves were not supported by documentary proof. Subsequently, he took unpaid MCs or not turn up for work and informed his supervisors that his vehicle broke down and needs to bring to the workshop. His manager wants to terminate his employment with immediate effect. Besides paying salary in lieu of notice, are there any other ways to end his employment with our company without infringing the termination terms in his contract? We can serve him the 1 month notice but will also subject ourselves to his further absenteeism during this notice period.

Can we also put a clause in his termination letter that any further absence will be subjected to immediate termination without notice? Would like to find out the common practices in your companies when you face tardiness issues like
this. Please share.

Thank you.

Khim

REPLIES & COMMENTS

REPLY 1

I have also encountered the same experience. You can terminate his service by paying him salary in –lieu. In my view, there is no point asking him to serve notice. Your termination letter just state his service is no longer required by the company( even if employee goes MOM, your company is quite “safe”). You must also gather all information pertaining to his absence , unpaid leave etc., In case if the employee seek redress from MOM. Food for thought.

Jenny