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Labour Law R3 sec.A Q1 & Q2
Labour Law R3 sec.A Q1 & Q2
In my understanding, when a employer does not terminate an employee despite good reason as a result
of the employee’s misconduct, this is known as condonation.
A scenario that demonstrates the concept of condonation between an employer and employee
Imagine a company named Lotus’s Store, where attendance and punctuality are strictly enforced. It is
expected of the employees to show up on time and keep to the assigned work hours. Haikal, one of the
employee, has consistently been showing up to work 15-20 minutes late almost every day for about a
month. Haikal’s manager notices the issue and reminds the company’s policy on punctuality to Haikal.
But Haikal repeat the same latency after the initial warning.
Moreover, the company manager observes that other workers have started to arriving late to work as
well but the employer continues to ignore.
When confronted by a colleague about this apparent double standard, the employer explains that he
had previously given a warning to Haikal but failed to take any further action. The employer admits that
by being tolerating of employee’s late arrivals, and negligently giving an impression that latency is
accepted.
In this scenario, Employer’s failure to consistently enforce the punctuality policy and take corrective
action with Haikal after the initial warning can be seen as condonation. Other employees may viewed
that the employer’s leniency as a signal that lateness is acceptable, leading to a breakdown in which
would weaken adherence to company rules and policies.
Yes. If a worker falls under the Employment Act 1955, employers are required by law to conduct a
thorough investigation to determine whether the worker has committed misconduct before dismissing
the worker.
It makes sure the employee has a chance to tell their side of the story and a fair opportunity to defend
themselves. This upholds the principles of natural justice and due process.
Without a thorough investigation, there is a chance of an unfair or incorrect dismissal. Investigating the
situation can help avoid making quick verdicts based on insufficient evidence, supporting both the
employee’s rights and the employer’s interests.
Other employees will get the impression that the company prioritizes justice and treats employees
equally if the investigation process is open and well-documented. Employee morale can be maintaining
and a productive atmosphere at work can result from this.
Legal Compliance
Labor regulations mandate a number of steps that companies must take before allowing an employee
quit, including finalizing an investigation. Legal issues and significant liabilities can occur if laws are not
followed.
The reputation of the company can be damaged both internally and openly by unfair or unexpected
terminations. A thorough investigation shows responsibility and professionalism, lowering possible
impacts on the organization’s reputation
Consideration of Alternatives
It can become clear during the investigation that there are other steps that could be taken to solve the
current problems, such counseling, training, or redeployment. Compared to sudden termination, this
could be preferable.