Dealing with employee’s disciplinary issue was never an easy task as employee would usually put up his/her guards and behaved in a defensive mode, when questioned. As a rule of thumb, employers / companies bear the burden of proving the employee had indeed committed the misconduct, not only at the domestic level (internally), but also at the Industrial Court and beyond.
Thus, it is vital for employers/companies to get the initial step right when dealing with this issue.
Our Penang Employment Lawyer Team can advise you on the proper procedure and method in dealing with employee’s disciplinary (misconduct) issue and guide the company through the due process.
We also provide guidance and advice on preserving the best evidence available and securing the evidence for Court use.
The first step when dealing with alleged misconduct by employee is to conduct the necessary investigation by collecting evidence from various sources, i.e. interviewing relevant witnesses, reviewing CCTV (where available), analysing documentary records and etc.
Our Penang Employment Lawyer Team would then review all the evidence presented to us and advise whether a misconduct had indeed been committed by the employee and the steps to be adopted thereafter.