N** A***'s avatar'
N** A***•1 tahun yang lepasMauTanya

Misconduct & Termination

Situation:

One staff member was caught smoking in the workplace and reported himself to HR and his manager. HR and the manager gave him a verbal warning not to repeat the behavior. However, five days later, he repeated the same mistake and again reported himself to HR. HR instructed his manager to investigate the situation further because it seemed the employee was intentionally committing misconduct and reporting his own mistakes. It turns out that the manager discovered the employee is trying to avoid serving his notice period and hopes the company will terminate him without requiring him to serve the notice period or pay the salary in lieu.

What should HR do? Should we still consider giving him an early release and waive the notice period? Can we demand salary in lieu after terminating him? The employee has given various reasons for his behavior: dissatisfaction with his increment after promotion, stress from workload, and a desire to continue his studies. We are not sure which is the actual reason.

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Nurul Syahira's avatar'
Nurul Syahira•1 tahun yang lepas
It is important to address the employee's misconduct and dishonest behavior. HR should proceed with terminating the employee for repeated misconduct and not fulfilling their duties. It is within the company's rights to require the employee to serve their notice period or pay salary in lieu, especially given the circumstances of intentional misconduct and deception. The employee's reasons for their behavior may be considered during the termination process, but ultimately the company should prioritize maintaining integrity and discipline within the workplace.
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