Question

Dear all,

The ex-staff was dismissed on the ground of dishonesty. Before dismissal, we had gone through a session of inquiry with the ex-staff. He confessed and admitted to his misconduct. However, his family members have been calling our HR Dept for 3 times pressuring and scolding our staff to give them information about the misconduct and accused the Company on unfair dismissal. What should I do? Can anybody advise me?

YL

Reply 1

Not a pleasant HR task but it is necessary to “protect” business reputation and staff morale.

“The ex-staff was dismissed on the ground of dishonesty. Before dismissal, we had gone through a session of inquiry with the ex-staff. He confessed and admitted to his misconduct. “

So the dismissal process was proper according to MOM guidelines and evidence documented with ex-staff’s signature as acknowledgement of his dismissal. If this case is reported to the Police, then refer family members to the specific Police Officer.

Alternatively, invite the most two family members who understand English [read letter of dismissal & evidences] over to the office for a short meeting. The purpose is clarify the misconduct and accusation on unfair dismissal. Ex-staff could have hidden the truth and created lies to cover his dishonesty. I am aware of a case being magnified on affected company’s face book besides harassment over the phone.

Rose

Reply 2

Steps:

Inform that the Company is not at liberty to release these confidential information to any parties unless it is statutory requirement - so not obligated to release any information to the family. Confidentiality Clauses and PDPA regulations apply as well.

Consult your legal department - in the absence of one, inform the GM/MD (or any authorized personnel) about the recurring incidents. If necessary and agreed, make a Police Report.
Ensure all the necessary access to corporate information / assets - passwords / lock numbers are changed accordingly (as it is not known the dismissed employee's designation). Hopefully - the confession was documented and signed off by the employee.

Anyway, reach out to other pro-bono Legal or senior HR professionals to review your situation.

AL

Reply 3

Lodge the case with police.

AS

Reply 4

The company would have informed the staff in writing of the ground for dismissal and have no obligation to deal with the family member directly. The staff should explain to the family of his wrong doing especially so he has admitted to the misconduct. In the event the complaint is lodged with MOM, then company must be prepared to show cause for the dismissal.

JG

Reply 5

I will hang up every time I receive their calls. Such people just want to gain your attention and need an outlet to vent on. The more you entertain them, the more they will call you. Just ignore them and leave them with no choice. If they come to your office, get the security guards to chase them away or call the police. It will end gradually when they know they could not get what they are after.

HR

Reply 6

My suggestions to your harassment problem:

1. Tell the family members to refer the matter to MOM if they feel that the termination is unjustified

2. Warn the family members that your Company will file a police report if the harassment of your staff continues.

BO

Reply 7

Advise the family to file a complain with MOM if they think it is unfair dismissal and stop harassing you. Of course, please get all your documents of the dismissal ready.

Daniel