What do you do if one of your employee has committed a misconduct which warrants a dismissal?

Firstly, your human resources department or the department which is in charge of the said employee needs to identify whether the alleged misconduct is a breach of the employment contract and accordingly issue a show cause letter to the said employee, seeking an explanation for the alleged misconduct.   If the explanation provided is not satisfactory, you then can proceed with an inquiry on the matter via a domestic inquiry panel.  Upon the findings of the inquiry you can then decide whether the misconduct warrants a dismissal or a reprimand.    


What should you do if your company decides to terminate an employee’s employment after holding a domestic inquiry?

It is important that your human resources department or the department which is in charge of the said employee keeps detailed records of all documentation presented at the domestic inquiry including the notes of proceedings, in the event that the employee decides to challenge his dismissal.


What should you do if you receive a letter from the Ministry of Human Resources requesting your presence for a mediation session in respect of the termination of an employee?

It is important that the company’s representatives attend the mediation session and presents the company’s reasons for the termination of employment of the said individual.


What should you do if you think that you are unfairly dismissed from your employment?

As an employee you should, within 60 days of your termination lodge a complaint seeking re-instatement with the Ministry of Human Resources.


What should you do if you are served with a letter of demand from a firm of solicitors?

Whether you are an individual or a Company you should first seek legal advice as soon as practicable before proceeding to reply to a letter of demand. It is important that the letter of demand is responded to within the stipulated time.  A delayed response could be detrimental to your case and may push your opponent to commence litigation.  Ensure that you provide your legal representatives with all the necessary information to respond to the letter of demand, supported by the relevant documentation.


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