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Employee Discipline 2 (Appeal against unfair dismissal (The appeal letter…

- - - - Length of service - Less than 26 weeks
        Notice period - 1 day
      - Length of service - 26 weeks to less than 2 years
        Notice period - 1 week
      - Length of service - 2 years to less than 5 years
        Notice period - 2 weeks
      - Length of service - 5 years and above
        Notice period - 4 weeks
    - - Annual leave – employee cannot be forced to go on leave during the period of notice, unless they are consent
      - Using annual leave to offset notice – annual leave can be used to offset the notice period in order to bring forward the last day of employment
        
        However, using annual leave to offset the notice period is not the same as taking approved leave during the notice period
      - Take sick leave – for employees covered until the Employment Act, and sick leave (paid/unpaid) is taken during the notice period, it is treated as part of the notice period
      - Going for reservist training – reservist training is not considered as part of the notice period, so it cannot be used to offset the notice period
      - Starting new employment while serving notice – employer serving notice is still considered an employee of the current employer
  - - - Employer is considered to have breached the contract if they fail to pay employee’s salary within 7 days of it being due
      - Employee is considered to have breached the contract if:
        
        They are absent from work continuously for more than 2 working days, without approval or a good excuse
        
        They are absent from work continuously for more than 2 working days without informing or attempting to inform employer of the reason
    - - Changes to terms and conditions of work
      - Employee’s resignation is rejected
  - - - Misconduct is the failure to fulfil the conditions of employment in the contract of service
    - - If an employee has committed an act of misconduct, the employer should conduct an inquiry before deciding whether to dismiss an employee or to take other forms of disciplinary action
      - General guide
        
        The person hearing the inquiry should not be in a position which may suggest bias
        
        If the employee is being investigated for misconduct, they should have the opportunity to present their case
      - Under the Employment Act, employer may suspend the employee from work during an inquiry:
        
        The suspension period cannot exceed 1 week
        
        Employee should be paid at least half of the salary during suspension
    - - If the inquiry finds the employee guilty of misconduct, the employer may do one of the following:
        
        Instantly downgrade the employee
        
        Instantly suspend the employee from work without pay, for not more than 1 week
        
        Terminate the employee’s service without notice and no salary in lieu of notice will be paid