What Should the Human Resources Manager Do in a Situation like This?

Question 1: What should the Human Resources Manager do in a situation like this?

        Human resources management should conduct a procedures for dismissing a worker. Firstly, record any complaint. Anybody in the organization may come forward to complaint about the conduct of Stephen Chong. The person making the complaint may have been a witness to some act or he may have discovered some irregularities when carrying out routine checks or he may be the victim of some wrongdoing. The manager who receive the complaint must note down all the details. Sometimes, allegations of misconduct are not made through formal channels. If the information is sufficient is given, the management should follow up and take suitable action. In this case, the CEO found out that Stephen’s father-in-law has set up a business which competes against their company. The CEO suspects Stephen may be helping his father-in-law.

        Second is investigation. Once an offence is alleged to have been committed, thorough investigation should be carried out during which documents should be collected, statement taken from witnesses and a sketch plan prepared to show the venue of any act of misconduct. Stephen Chong can be asked to show cause why disciplinary action should not be taken against him for misconduct. If necessary, the employee could be suspended on half pay for a maximum period of two weeks. But if the employer decides not to take action against Stephen for a lack of evidence, the half pay withheld must be paid back to him.

        Next is charge the employee. Before Stephen asked to face a formal inquiry, he must be presented with clearly worded, written charges. The management must be very clear as to what Stephen has done wrong and must frame the charges as specifically as possible. The charge should state the nature of the employee’s alleged offence, and include the date, time and place of the offence. On all of that, Stephen can bring any witnesses or evidence or bring a union representative to speak on his behalf.

        Lastly is hold a domestic inquiry. The Industrial Court has reiterated many times that the holding of an inquiry is a crucial element in the provision of justice to the workers. This inquiry is more to a trial, to give the accused of wrongdoing the opportunity to explain himself. If Stephen is proven guilty, the court should allow him to suggest any mitigating circumstances which should be taken into consideration when a decision is to be made as to the appropriate penalty. The Employment Act said that the inquiry is mandatory for all the workers including the managers and executives.