Professional Documents
Culture Documents
of
Contract
(J’09
Q2)
Due
Inquiry
Section
14
EA’55
the
employer
may
dismiss
the
employee
without
notice
on
the
ground
of
misconduct
by
an
employee.
However,
the
employer
may
only
do
so
after
‘due
inquiry’
The
EA
does
not
sate
what
constitute
‘due
inquiry’.
However,
reference
may
be
made
to
the
following
guidelines
laid
down
by
the
Industrial
Court
in
the
case
of
KJJ
Cleetus
and
Unipamol
(M)
Sdn
Bhd.
1. the
inquiry
is
to
be
instituted
as
early
as
possible
after
the
suspension
of
the
complainant;
2. the
complainant
is
to
be
given
particulars
of
the
misconduct,
preferably
in
writing;
and
a
reasonable
time
is
to
be
given
to
him
before
the
inquiry
to
enable
him
to
prepare
his
case;
3. Where
applicable,
the
complainant
is
to
be
accompanied
by
his
Union
or
Committee
Representative,
if
any,
at
the
inquiry;
4. the
inquiry
is
to
be
conducted,
as
far
as
possible,
by
such
officer(s)
as
not
directly
connected
with
the
investigation
of
the
misconduct,
so
as
to
give
the
hearing
impartiality;
5. examination
of
relevant
witnesses
to
be
allowed
at
the
reasonable
discretion
of
the
officer-‐in-‐charge
of
the
inquiry;
6. notes
in
the
form
of
questions
and
answers
and
the
final
decision
are
to
be
recorded
to
show
that
the
inquiry
was
proper,
and
that
the
decision
arrived
at
was
fair.
-‐ This
may
occur,
where,
in
doing
so,
the
employer
has
to
determine
if
there
has
been
a
constructive
dismissal.
2
two
Factors
Redundancy
A
redundancy
may
be
said
to
occur
in
the
circumstances
mentioned
in
Section
12(3)(a)
-‐
(d)
EA’55
i.e.
where:
1. The
employer
has
ceased,
or
intends
to
cease
to
carry
on
the
business
for
the
purposes
of
which
the
employee
was
employed;
2.The
employer
has
ceased
or
intends
to
cease
to
carry
on
the
business
in
the
place
at
which
the
employee
was
contracted
to
work;
3.The
requirements
of
that
business
for
the
employee
to
carry
out
work
of
a
particular
kind
have
ceased
or
diminished
or
are
expected
to
cease
or
diminish;
4.The
requirements
of
that
business
for
the
employee
to
carry
out
work
of
a
particular
kind
in
the
place
at
which
he
was
contracted
to
work
have
ceased
or
diminished
or
are
expected
to
cease
or
diminished.
Lay-‐Off
A
‘lay-‐off’
may
be
said
to
occur
in
the
circumstances
stated
in
Regulation
5(1)
of
the
Employment
(Termination
and
Lay-‐off
Benefits)
Regulation
1980
(Revised
1983)
i.e.
where:
1. The
employer
does
not
provide
work
for
the
employee
on
at
least
a
total
of
12
normal
working
days
within
any
period
of
4
consecutive
weeks;
and
2.The
employee
is
not
entitled
to
any
remuneration
under
the
contract
for
the
period
or
periods
(within
such
period
of
4
consecutive
weeks)
in
which
he
is
not
provided
with
work.
However,
in
determining
whether
an
employee
has
been
laid-‐off,
any
period
during
which
an
employee
is
not
provided
with
work
as
a
result
of
a
rest
day,
a
public
holiday,
sick
leave,
maternity
leave,
annual
leave,
any
other
leave
authorized
under
any
written
law,
or
any
leave
applied
for
by
the
employee
and
granted
by
the
employer,
shall
not
be
taken
into
account.
Lay-‐Off
Benefits
Lay-‐off
benefits
which
an
employee
is
entitled
to
receive
should
not
be
less
than:
x < 2 10
2 ≤ x < 5 15
x > 5 20
and
pro
rata
basis
in
respect
to
an
incomplete
year,
calculated
to
the
nearest
month.
The
regulations
require
that
such
lay-‐off
benefits
must
be
paid
by
the
employer
to
the
employee
not
later
than
7
days
after
the
relevant
date.