QUOTE(Shinka @ Feb 24 2016, 03:36 PM)
Thanks Aurora, the thing is the employee has been given an opportunity many times to perform, and when I feel that his performance is not improving, I actually asked him to leave, instead of firing him directly.
However, now he is playing all these funny tricks, presumably because he is unhappy. I am also hesitant to ask him to provide me a copy of a valid MC, as this is not a requirement for the other staff. He might claim that this is discrimination or that I am 'targeting' him directly.
Thanks Aurora, the thing is the employee has been given an opportunity many times to perform, and when I feel that his performance is not improving, I actually asked him to leave, instead of firing him directly. Is it documented that your gave him the opportunity and how would you know that he did or did not perform against a certain expectation?
You can’t just feel that a person isn’t performing, it must be measured against a tangible goal. For instance, to bring in RM 5 mil in sales.
Also, for your benefit and hope you don’t repeat the same mistake, asking a person whether directly or indirectly (this constitute constructive dismissal), if he quote you on that you may have an industrial court matter in your hands and potential a hole in your company’s pocket.
However, now he is playing all these funny tricks, presumably because he is unhappy. I am also hesitant to ask him to provide me a copy of a valid MC, as this is not a requirement for the other staff. He might claim that this is discrimination or that I am 'targeting' him directly. Ha? You are not running a charity, times are so bad you can’t afford leakages like this.
Normally, company will ask for original MC, if company think it is fake then company will normally ask staff to extract medical record from clinic. If employee doesn’t want to give consent, the company will ask the employee to authorise company to extract medical record.
IF the employee doesn’t give, normally company will not reimburse medical claim and treat as no pay leave. To go further, some might lodge police report cause fake MC is a big thing nowadays.
But since you mentioned is not a requirement and you adopt different practice, if he bring to industrial court… again you can expect a lot of explaining to do and potentially a hole in your company’s pocket.
Set aside your personal “opinion”, focus on crafting an SOP for your company. There are other ways to build trust and empower people without using vagueness and assumptions. Take this mess as tuition fee and let it slide.