A contract of employment could be any one of three major categories as follows:-
- Regular or permanent contract of employment;
- Fixed term contract or temporary contract; and
- Casual contract of employment (from day to day).
Further discussion will be in next post.
“While the employee is suspended from work, the employer will proceed to make a proper and thorough investigation into the matter to uncover the truth about the complaints against the employee so that a resolution of the complaint and situation can be achieved. The investigation must be carried out as soon as possible although no timeline is fixed for investigating complaints. Prompt investigation would prove to the employee that the employer cares about their safety in the workplace. In the process of investigation, the employer will record statements from the complainant, the witnesses and the accused, among others. The statements so recorded will have to be studied to determine the validity of the complaint.”
“The policy basis of the rule of condonation is to allow the employer to give the employee an opportunity to reform his conduct, without depriving the employer of the right to terminate the relationship if the second chance proves unsuccessful. It is for this reason that condonation impliedly carries the condition that if the condoned misconduct is repeated, the condonation is withdrawn and the past misconduct is revived.”
[See: Aezrine Shah Abdullah v. Fat Boys Records Sdn Bhd  MELRU 443]
“A Notice to show cause is the starting point for any disciplinary action. The notice will describe the alleged misconduct, set out the specific grounds for the disciplinary action and provide reasonable opportunity to the noticee (recipient of the notice) to furnish a reply to the notice, ie, to present his/her version to justify as to why a disciplinary action shall not be taken. The noticee will generally have to respond to the show cause notice within the specified number of days. The period will be clearly set out in the notice. If the noticee does not respond within the time specified in the notice, a decision may be made and disciplinary action can be taken against the noticee without him having had the opportunity to present his case.”
“Pending investigation, the issue arises as to whether the employer is empowered to suspend the employee and if so, whether the employer is obliged to pay the affected employee his wages or salary and the appropriate amount payable. It must be noted, the payment of wages is an essential term of the contract. Any unilateral variation of the essential terms of the contract, if not acceptable by the employee, tantamount to repudiation of the contract. In such a situation, the employee is entitled to regard the contract as terminated and himself as having been dismissed from employment. Suspending an employee pending investigation into the allegations of gross misconduct is part of industrial labour practice. It is the implied right of the employer to suspend an employee during the pendency of investigations. Suspension pending enquiry should be issued only in fit and proper cases and should be done carefully and cautiously and in haste unless it was absolutely necessary.”