COURSE NAME: PAD215 INTRODUCTION TO HUMAN RESOURCE MANAGEMENT IN PUBLIC SECTOR ASSINGMENT TITLE: DISCIPLINARY ACTION PROCEDURE IN MALAYSIA PUBLIC SERVICES CLASS: D1AM1102C GROUP MEMBERS: NAME STUDENT ID NUR FATIN AINA BINTI SHAHRUDIN 2023611714 AISYAH AMANI BINTI JUSOH 2023844478 NURUL SABRINA BINTI MOHD KAMARUDDIN 2023665116 SITI NUR AISHAH BINTI RAMLI 2023609986 SITI HAJJAR NISRINA BINTI KHAIRUL ANUAR 2023880852 LECTURER’S NAME: DR. NOR RAIHANA ASMAR BINTI MOHD NOOR SUBMISSION DATE: 15TH JUNE 2024
TABLE OF CONTENT INTRODUCTION.................................................................................................................................1 1.0 ORAL WARNING...........................................................................................................................3 2.0 WRITTEN WARNING...................................................................................................................7 3.0 SUSPENSION WITHOUT PAY ..................................................................................................10 4.0 TERMINATION ...........................................................................................................................13 CONCLUSION ...................................................................................................................................16
1 INTRODUCTION Public service is essential for effective governance. It is included in democracy because it is a neutral administrative system that implements decisions made by elected representatives. With the advent of the contemporary state, government officials have been and still are considered managers and custodians of public resources, according to specific beliefs that people hold about them. Because of this belief, they are expected to prioritize the public interest over personal interests. The performance and conduct requirements of public officials need to be greater than those of others. But this is too close to reality. Consequently, a disciplinary system is required. Discipline is intended to show other employees that it will not be tolerated and to alter the conduct of the offending individual. But putting in place a strong disciplinary system is among the hardest job to complete. The purpose of disciplinary action procedures in Malaysian public services is to uphold efficiency, accountability, and integrity in the public sector. The Public Officers (Conduct and Discipline) Regulations 1993, which are under the Public Service Commision’s (PSC) jurisdiction, regulate these processes. The disciplinary action framework ensures that any misbehaviour by public servants deals with in an orderly, equitable and transparent way. An employee can be investigated, judged and punished through a disciplinary proceeding, which incorporates the sources of authority element in imposing disciplinary punishment and taking disciplinary action, policy, procedure, surcharge and punishment function. Furthermore, it acts as a deterrent, preventing employees from engaging in unethical or misconduct. In severe cases, disciplinary actions will allocate funds to terminate employees’ employment. An administrative proceeding considering the suspension or expulsion from a profession of a licensed individual, as the result of a crime for which he or she was convicted, or of a disciplinary infraction such as breach of a code pf ethics (Samihah et.al,2009). Depending on the profession, the discipline is used to resolve performance issues. It might be interpreted as a warning and a punitive measure directed at the major organization’s objectives. There are disciplinary procedures in Malaysian Public Services such as oral warning, written warning, suspension without pay and termination. Discipline comes in two types which is positive and negative. Positive reinforcement teaches workers to be more disciplined and carry out their responsibilities in a fair and responsible manner rather than punishing them. By doing this, an organization can preserve its reputation and win over more outside trust. Punishment is a component of negative discipline, and its main goal is to
2 discourage the employee. Over the past ten years, progressive police departments have switched from negative to positive discipline in their disciplinary procedures. In the Malaysian public services, disciplinary action procedures are essential for guaranteeing openness equity and accountability. These protocols generally delineate the protocols for examining allegations of misconduct, supplying employees with a chance to opposition, enforcing suitable penalties when considered necessary. Such procedures support public trust in government institutions and integrity within the public sector by creating clear standards and protocols. The influences and variables outside the organization that have an impact on its performance are referred to as the external environment. The environment consists of outside factors that directly affect how decisions are made. The will and knowledge to follow social norms and organizational policies is discipline. As a result, developing discipline is crucial component of management since discipline is a key tool for reaching objectives. Every person of the organization must practice discipline for management to be implemented. It is also claimed that discipline serves as a tool for teaching and training individuals on regulations to ensure compliance and enable them to function in an orderly and efficient manner within the company. Any disciplinary action taken against public employees must adhere to the guidelines, protocols and regulations specified by law. According to Tan Sri Mohd Sidek (2009), all the members of the Disciplinary Board, the Disciplinary Secretariat and the Department heads must possess a working knowledge of relevant laws, policies and disciplinary regulations. This is important because, disciplinary action should be implemented without following the exact legal procedures, it is likely to be contested in court and should the court rule that it is invalid could result losses for the government. In addition to being a waste of time and money, this choice calls into question the board’s authority, discipline and the administrative the bureaucracy. Mistakes in making decisions and taking an action end up getting stuck in things that are against the values and ethics of professionalism as a civil servant. Thus, disobedience to laws and regulations and government orders is something that challenges values and ethics in the public service itself. No wonder if there is in between government officials accused of receiving and practicing bribery, breach of trust involved in various criminal and other disciplinary cases. The goal of Malaysia’s public service disciplinary action procedures is to guarantee that employees uphold the country’s high standards of behaviour, remain honest and provide effective service. These processes support the public’s confidence in the civil service by adhering to an organized and equitable process.
3 1.0 ORAL WARNING Maintaining productivity and positive conduct at work is important and this often means addressing and correcting unacceptable conduct through a disciplined defined action plan. A progressive disciplinary action plan provides equality for employee that presents chances for development and handles infractions by employee in a systematic way. The first phases of this approach are often counselling and warning for small infractions. These are crucial for creating the tone for future encounters and are intended to correct behaviour with the least amount of punishment possible. It’s a systematic undisciplined approach to seeing problems early on taking action to stop them for getting worse. Through counselling, manager can learn the fundamental causes of an employee conduct or poor performance, whether they are personal or professional. Counselling primary objectives are to help employee development, give direction and directly explain performance expectations and believed conduct to clients. Administrators talk with each employee about problems during counselling sessions, investigate possible reasons and work together to create improvement action plan. Even if it's casual, recording the discussion is crucial for future use. A verbal warning is the next step of action if counselling is not successful in bringing about the desired improvement. Verbal warnings stress the need for quick change and specifically acknowledge that a behaviour or performance issue still exists after previous therapy. While helping with staff growth, it also communicates the importance of the infraction and the ongoing issue's implications. During a meeting behind closed doors as part of the verbal warning procedure, the supervisor discusses the infraction in detail, hears the employee's side of the story, restates the planned standards, and updates the action plan. To guarantee transparency and accountability, these warnings are recorded in the employee's personnel file. A disciplinary action plan should include counselling and warnings, particularly for minor infractions. Their work structure is supportive and focused on correcting behaviour, with a focus on progress, understanding, and clear communication. Early resolution of these problems may help organizations promote a culture of accountability and ongoing improvement, which will make the workplace more peaceful and productive. These actions show how dedicated companies are to helping their staff members while upholding strict gridlines for behaviour and output Furthermore, in workplace complaints are an excepted component of a competitive organization where the people who motivate development are often the members. On the other unfounded allegations without supporting data present a special difficulty. The managers of departments or research projects must monitor trust, justice, and cooperative relationships with
4 great care. If you want to handle ridiculous problems, it is necessary to maintain the balance, communicate clearly, and take appropriate action that upholds teamwork and integrity. The first thing a department head or supervisor should do in response to an unsubstantiated call is to proceed cautiously and impartially. This entails obtaining any relevant information, speaking with all parties related and evaluating the evidence that is currently available. Including facts and evaluating merit are the objectives. For sure justice and avoid any impression of disadvantaged or favouritism, an objective and open investigation system is important. It is important that privacy be maintained during the investigation. Only individuals who are directly engaged should have access to details about the complaint and the investigation process. This strategy guard’s people’s privacy and stops rumours and false information from spreading, which may damage relationships and impact confidence within teams. When the investigation is complete and it turns out that the complaint was not right, the department head or supervisor is required to politely and clearly inform all people involved of the results. This means describing the procedures used during the investigation and the reason for the judgment. Communication that is honest develops trust and gives workers confidence that all problems will be treated properly and with seriousness. False complaints may also present the company with a teaching moment. Managers and department leaders should investigate the underlying reasons for these issues, since they could come from misunderstandings, poor communication, or problems with team culture. It is possible to avoid future false complaints and improve general workplace harmony by addressing these underlying concerns. Managers and supervisors must respond to false complaints with care and balance. Leaders can make sure that the procedure is equitable and considerate of everyone involved by conducting comprehensive inquiries, communicating effectively, and taking necessary action afterward. This not only takes care of the immediate problem but also strengthens the organization's culture of openness, respect, and trust. Managers can maintain team morale and create a positive and productive work environment by skilfully managing false complaints. However, maintaining high standards of behaviour and effectiveness has implications for team morale and productivity in any professional setting. Simple mistakes like being late, mistreating personal property, using instruments disrespectfully, and taking unapproved absences can seriously compromise these standards. Taking immediate action on these matters is necessary to promote a respectful and competent work environment. Disrespectful usage of instruments, no matter the technology, tools, or equipment, can result in harm, higher expenses, and lower output. It shows a lack of consideration and regard for workplace facilities and
5 corporate property. Such problems can be avoided by making sure staff members are aware of how to utilize equipment properly and how important maintenance is. Promoting moral behaviour needs open communication about the impacts of mistreatment and training. Another essential component of professionalism in the workplace is punctuality. Being late, particularly frequently, ruins processes, pushes back projects, and may cause disagreement among team members who follow timetables. Managing absence includes setting specific arrival time expectations, encouraging time management, and enforcing a strict yet equitable policy for repeat absence. Acknowledging and rewarding timeliness is another way to emphasize how important it is. Unauthorized absences are quite problematic since they reduce productivity and put more pressure on other team members who must cover for the absentee worker. Workers need to be aware of the correct ways to request time off and how crucial it is to get permission. Crucial elements in controlling attendance include creating a clear leave policy, promoting open communication, and taking appropriate disciplinary action when unapproved absences occur. For example, the key to avoiding these problems is constant policy enforcement, training, and clear communication. Maintaining discipline and high standards of behaviour are important for effective functioning in any organization. The organization's manager is responsible for informing the disciplinary department of any significant errors made by an employee. This division oversees selecting the proper disciplinary action for the worker, which may involve a position reduction or even termination. Maintaining what happened, including specific details about the situations, is a necessary step in reporting these difficulties. The disciplinary department will better understand the situation and reach an equitable resolution with the use of this documentation. The department manager must provide their report with clarity, objectivity, and objectiveness, giving all relevant data. The disciplinary department will investigate the report's details and decide on the right course of action after receiving it. If the error is significant but not severe enough to result in termination, this could entail moving the staff member to a lower position. Should the employee's behaviour become seriously harmful to the workplace, the department may determine that terminating the employee's contract is the appropriate course of action. This procedure provides that everyone in the workplace is held responsible for their conduct and that it is a respectful and productive place to work. It also shows that the company is dedicated to upholding high standards of behaviour and takes infractions seriously. Since disciplinary departments have the authority to act against disrespectful employees, they oversee handling these kinds of situations. Lowering their status or responsibility is the result of this action. In more serious situations, the disciplinary committee may determine that
6 asking the worker to quit the company is the best line of action. The procedure starts when the manager of the department learns about a potential issue that the worker has that could lead to their work falling short of job standards, acting impolitely, or breaking corporate policy. The manager of the department needs to take a closer look at this matter and present strong evidence of the worker's actions. The information provided is crucial since it improves the argument and guarantees that the decisions made are reasonable and fair. The disciplinary department investigates the case when it is reported. They consider the presented facts and can do more research if needed. When people are making a choice, they want to have a complete understanding of what is going on. This exhaustive evaluation procedure helps in confirming that any disciplinary action is justified and based on the facts. The disciplinary department will determine the proper course of action if it determines that the employee's actions called for discipline. Reducing a worker to a lower role with less authority or salary is one way to downgrade their position. One of the concerns that could keep workers from improving their behaviour and productivity at work is this one. If an employee consistently fails to meet expectations or engages in extremely serious behaviour, the disciplinary department may determine that the employee must resign from the company. Usually used as the final option, this action tries to keep a positive and effective work the environment. To put it briefly, managers in the department need to report personnel issues to the disciplinary department with attention and initiative. By ensuring that workers are held responsible for their activities, this approach contributes to the maintaining of productivity and stability inside the company. Department managers and disciplinary divisions collaborate to maintain the company's standards and values by taking the required actions to address issues. As an example, maintaining positivity and productivity at work is important and usually requires using an organized strategy to handle unprofessional conduct. A progressive disciplinary action plan, which begins with counselling for small infractions to identify and address early issues, provides opportunities for equality and development. A vocal warning highlights the importance for quick change if counselling is unsuccessful. For it to keep respect and confidence while handling false allegations, a comprehensive and objective investigation must be conducted, and the results must be communicated in a clear and open manner. To maintain team morale and productivity, high standards of behaviour are necessary, needing specific guidelines for property use, timeliness, and attendance. Maintaining organizational norms and values is ensured when major errors are documented and reported to the disciplinary
7 department. This systematic approach fosters a respectful, efficient, and productive work environment. 2.0 WRITTEN WARNING Have you ever wondered what will happen if oral warnings did not function well in disciplinary action for employee? Will the employee being left unattended and neglected just like that in hoping they would raise their own consent regarding their misbehaviour? Or how the human resources management plays its own role in ensuring the employee taking this issue in his account? To answer these questions, we will thoroughly discuss the next steps in disciplinary action procedures in Malaysia Public Services. If employee unable to make immediate improvements in their performance nor attitude, then the human resources management will step up their games into the next level. Handing out written warning is one of the ways to notice the employee. Written warning can be defined as documented form of warning to alert a worker about their behaviour at work, appropriate behaviour, and the possible repercussions (in terms of their job) if they don't change their behaviour. Warning letter should be issued only after failed attempts on handling and solving the issues informally. Among highlighted contents that should be taken into consideration when issuing a written notice are, addressing the main issue arise, what steps should be taken to overcome the issue and cons if the cases unable to be resolved. Written warning usually issued by supervisor or head of the employee. Furthermore, written warning come up with three levels of warning depending on the crucialness of the issue and the response from the employee. Primary warning will be handed out once those oral warnings failed to its function. Beforehand, the human resources manager will review related material on previous meeting held to verbally discuss on the raised issues with the employee. Next, a month or two will be given out as a period for employee to make some improvements and also work as observation period in seeing the effectiveness of the primary letter before handing out the second. Some researchers happen to point out that this degree is unnecessary due to its time consuming. Finally, final written warning will be followed up when human resources manager identifies that the employee continuously misbehaving and up to no consents. It stressed on the most heavy and serious disciplinary actions as it will affect both employee and company’s performance. Final degree usually last for 12 months, a long period given as a room for improvement. It’s believed that with that much time, there’s so much to be improved and reflected if the employee taking the letters into his accountability.
8 These three warning letters serves as official warning for employees to beware of their wrongdoings before the stricter actions taken placed against them. Like other letter, warning letters also come along with its template. In many companies, a written warning letter generally will have a few well-known and similar components. Those elements included, the time, date and participants of any disciplinary hearings, an official acknowledgement that a written warning has been given, the duration length of the warning and its contents, training program that may be taking into consideration by the employee and also the expected outcome if these requirements are not met. The key elements will be covered in formal letter given out to the employee. In making of the letter, human resources management also would take disciplinary procedures as their guidelines to ensure the letter did not seem bias and it’s relevant to be use in this modernization. These steps that will be explained letter is the procedures and guidelines that should be joint down in company’s disciplinary action procedures. The procedure started off with understanding the option to discipline the employee then it should be followed up with a fair procedure. In this case, the supervisor should be strict in following the procedures to ensure that each of the employees will be given the same treatment or in another term, ‘double standard’ word could not be used nor arise against human resource management. Each of the employees have their own rights as the workforce and human beings. It’s the role of human resource management department to protect their own rights. Next, investigation would be conducted. This is a crucial step in ensuring the originality of the cases happens and work as a step to collect evidence. No discussion nor debate should be taking place if the evidence fails to show that misbehaviour of the employee. Apart from that, the supervisor also will hold disciplinary hearings. In this part, the employee will be given chances to speak and explain on behalf of himself. As stated in the rights of employees, the supervisor must be able to be a good listener to the worker. All the explanations given out must be joint down and taken into consideration of human resources management department. Once the session is settled, those authorities involved in the hearings must come up with a conclusion. The team must decide on the outcome, what shall be delivered to the employees upon his performance. Lastly, as the head of employee and supervisor, observation must be taking place after the disciplinary procedure. It’s a way to measure the employee's performance either the employee is having improvement in his behaviour or vice versa. When an employee violates a corporate policy, a written warning may be an important part of their disciplinary action, depending on the nature of the offense. However, the procedure must be clearly defined and comprehended by all.
9 Either written letter for employees for misconduct or one for underperformance employee, both of the cases are very serious and should not be taken lightly. Due to the gravity of both incidents, a formal disciplinary procedure is first and foremost necessary. After all, it is in everyone's best interests to have it documented whether an employee engages in serious wrongdoing or just struggles in their job. Every business needs to have a written policy on its disciplinary actions. Managers and staff members need to be aware of this procedure, any pertinent disciplinary actions or records, and where to obtain this information. Documenting every phase of a disciplinary action is also essential, even though the majority of us would prefer to forget it ever happened. In Malaysia,the Employment Act does not technically require sending any warning letters at all, even though it is customary in Malaysia to give out at least two written warnings prior to a final termination letter. For instance, Ministry of Education in Malaysia taking a good care and consideration in maintaining the well beings and safety and of students and educators. If the teachers ever violated the safety of students by committed sexual offenders, all the steps in disciplinary action will be carried out strictly by the authority and that’s included in the three levels of warning letters. Hence, employees across the country must abide all the rules stated by the government and even the company itself. Each of individuals must practices morals in his performance to avoid being suspended.
10 3.0 SUSPENSION WITHOUT PAY Organisations utilise suspension without pay as a disciplinary action in response to major policy violations or employee misbehaviour. It works as a deterrent to unwanted behaviour and upholds workplace standards by acting as both a punishment and corrective measure. This report aims to ensure that organisations apply this action in a fair and efficient manner by examining the legal framework, procedural concerns, and ramifications of suspension without pay. An employee is suspended when they are temporarily excused from their duties and are not required to attend work during the suspension period. Suspensions are commonly regarded as falling within the parameters of permissible actions that employers can take against employees, whether as a form of punishment or as a means to facilitate investigations into allegations of misconduct. This concept of employers’ right to suspend is to a large extent true, but as with every other decisions affecting employees, must be restrained by what is reasonable, especially since Industrial Courts are guided by equitable principles and do not necessarily defer to employer’s prerogatives. Courts generally recognize that there is an implied term in the contract of employment for an employer to suspend an employee – so long as the suspension is with pay and there is cause or basis for it, such as where it is necessary to allow the employer to carry out investigation into allegations of the employee’s misconduct. In other cases, employers can only act within the ambit of their authority as provided under the contract or risk breaching the fundamental terms of the employee’s employment contract, giving rise to potential claims of constructive dismissal. A more severe disciplinary remedy with major legal ramifications is suspension without pay. Companies need to exercise caution to make sure they don't violate any provisions of the employment contract, which could result in constructive dismissal lawsuits. In a decided case, the Court found that a suspension for an indefinite period could amount to constructive dismissal. In that case, the employee was suspended by the Company on full pay, but he was not informed about the duration of his suspension. The Court found that the indefinite suspension without formal charges considered together with the failure to investigate constituted a breach of the implied term of mutual trust and confidence. In other cases, the Courts have held that it is not constructive dismissal if an employee “jumps the gun” (ie: walks out of their job when they are suspended, before investigations are completed, or before disciplinary action can be meted out). In such situations, the employee may have been better off participating in the disciplinary proceedings (even if under protest) and taking all available opportunity to defend themselves against any allegations of
11 misconduct. Otherwise, they may be viewed as merely claiming constructive dismissal to evade or avoid disciplinary proceedings. Employees who wrongfully claim constructive dismissal may also find themselves liable to their employer for failing to serve their notice period. There is no accepted definition of reasonableness for the duration of an unpaid suspension. Rather, it depends on the particulars of the situation. What makes for an acceptable suspension period depends on a variety of factors, including the volume of allegations, the intricacy of the issues at hand, and the depth of the inquiry. The volume and gravity of allegations against an employee significantly influence the duration of a suspension. A single, straightforward allegation might require a shorter investigation period, whereas multiple or complex allegations necessitate a more extended inquiry. For instance, single allegation is an allegation of minor misconduct, such as tardiness, might be resolved swiftly, making a short suspension reasonable. Meanwhile, multiple allegations is allegations of financial impropriety involving several incidents would require a more detailed investigation, justifying a longer suspension period. Knowledge the validity of suspensions requires a knowledge of implicit terms in employment contracts. Courts typically acknowledge that employers have an implicit right to suspend workers while they are paid as long as they have a good reason—for example, the need to look into misbehaviour claims. This acknowledgment is founded on multiple elements: firstly, its necessity for investigation which is suspension with pay is often justified to allow the employer to carry out a thorough and impartial investigation without interference from the employee in question. Next, maintaining workplace integrity as this measure helps protect the integrity of the workplace environment by preventing further potential misconduct during the investigation period. A more severe disciplinary measure, suspension without pay is normally only permissible in accordance with specific contractual provisions or in extreme cases. Because these suspensions have a major negative effect on the employee's livelihood, courts are particularly strict about them. Suspension without pay has significant consequences for the affected employee, including the sudden reduction of revenue. A wage is frequently an employee's main or only source of income. A financial crisis may arise right away from the abrupt stop of earnings, especially if the suspension time is extended. Regular expenses such as rent or mortgage payments, utilities, groceries, and transportation costs still need to be paid despite the loss of income. Failure to meet these obligations can lead to late fees, penalties, and potential loss of housing or essential services. Other than that. many employees have ongoing debt obligations, including credit card
12 payments, personal loans, and car loans. Missing these payments can result in increased interest rates, damage to credit scores, and potential legal action from creditors. It is imperative for employers to guarantee that unpaid suspensions are imposed uniformly throughout the organisation to prevent any impression of partiality or prejudice. Maintaining uniformity can be aided by providing managers with regular training on disciplinary procedures. It is crucial to have open lines of communication with the suspended employee regarding the reasons for the move as well as future expectations. Certain negative effects can be lessened by providing assistance, such as access to employee aid programmes. Disciplinary policies undergo regular assessments to guarantee their continued applicability and legal compliance. Employee input can be gathered to promote fairness and openness, as well as help identify areas that need improvement. A complicated and legally delicate disciplinary remedy, suspension without pay needs to be used sparingly. Employers are required to make certain that such actions are supported by strong proof of wrongdoing and based on explicit contractual requirements. Employers can reduce the likelihood of legal disputes and preserve the values of justice and fairness in the workplace by following due process and keeping open communication. Maintaining the integrity of the disciplinary process and safeguarding the company and its employees requires clear policies, impartial investigations, and consistent application.
13 4.0 TERMINATION As we know, termination is the last step in disciplinary procedures taken by the managers or panel that are appointed by the management. Termination means the employees ended their work relationship with the company they work with and no longer participate in any kind of work related to the company. In a simple word, termination can be defined as an ending employment of the employee. Termination either can be firing the employee or letting them go. When the employee is on the last step, which is termination process, the disciplinary action that the employee had done is quite serious because if it’s not the employee only gets a oral warning, warning letter from the employer and suspension without pay. There are two types of termination which are for-cause termination and not-for-cause termination. For-cause termination is a termination that is the result of inquiry such as, violation of the company code of conduct or ethics policy, threatened violence or stealing. Not-for-cause termination is when the termination is being done not because the employee is doing something wrong but maybe due to lack of incompatibility between employee and employer and change in need of the organization. For example, the organization do not need some of the department because of the organization changes, so the organization needs to be fired or terminated the employees that have been working under that department. In this step, first and foremost the managers can decide to dismiss the employee or take other disciplinary actions to conduct a formal inquiry after the employee has been accused of committing an act of misconduct. The organization must appoint an unbiased panel to conduct the inquiry to ensure that the investigation is done fairly and not influenced by others. The panel appointed needs to be trustworthy, responsible and have no favouritism towards employees because investigating a disciplinary action for the employee that have been accused of committing a misconduct is such a serious matter. The worker’s future life depends on it. This is because every organization wanted an employee that has no disciplinary action history in their resume. No one will select you as their worker if you have disciplinary issues in the past. The organization will assume that the workers are the main problem if they are terminated by their past organization. So, it is unfair if the employee is being terminated without doing anything wrong or committing any disciplinary action while working in that organization. Moreover, the most common reasons for employee termination are incompetence, theft, sexual harassment, and violence. Incompetence when the employee’s job performance is poor and not in great conditions. Having incompetence, workers are really frustrated because they are unable to do their job well as directed even though the manager is helping assist them. It is difficult to
14 work in the same department with them as they are really hard to work in a group. An employee that committing theft can be terminated because stealing company things is illegal. The organization can report the offender to the police. Stealing can be any type of robbery such as taking office supplies home or stealing expensive items like computers. Other than that, sexual harassment is the most common reasons termination because woman and men are working together and there is no separation between them. If the workers are accused of guilt along with strong evidence from the victim, they can be punished according to law. The victim can charge the perpetrator or bring this case to let the police handle it because it can be as a criminal case and need to be judge through the court to determine if the perpetrator is wrong or not. Lastly, violence at work such as damaging company items or equipment through physical force or not is considered illegal. Most of the organizations have zero tolerance for violence so if the workers are accused of doing violence, the manager may terminate them immediately. Definitely, every process of disciplinary action needs to give the employees time to respond to it. Especially in termination process the organization can terminate the employee without any proper explanation or time given to them. Some organizations do not provide cause of termination to their employees and some organizations do provide it. It depends on the organization decisions. Organizations in every state have their own different understanding on these issues, whether the employees that had been terminated are eligible to be providing the cause of their termination. In Malaysia, every organization policy has their own act for termination which means the employer and employee that had been terminated need to go through full termination process and given due notice of termination along with the justification for it. Both parties, which are the employer, and the employee must follow the terms and conditions of termination that have been stated in the contract of employment or services. Unless the cases are needed to be as a direct termination, the organization have the right to do it without the employee concerns. Per Section 20(1) of the Industrial Relations Act 1967, employees who are of the view they have been dismissed without any explanation may file a complaint with the Department of Industrial Relations to be restored to their former employment. The ‘just cause or excuse’ includes the common reasons of termination. For example, poor performance, misconduct and retrenchment. According to Cambridge dictionary, misconduct means unacceptable or bad behavior by someone in a position of authority or responsibility. If the notice period is not stated in the contract of employment due to unforeseen circumstances such as redundancy or closure of business, the employer should obey sections 12(2) and 12(3) of the Employment Act
15 (EA) which is the employer is required to give advance notice of termination not less than the period of notice. The employer should be giving a 4 weeks’ notice before terminating the employee if the employee has been employed for less than two years, 6 weeks’ notice if the employee has been employed for two years or more, but less than five years and 8 weeks’ notice if the employee has been employed for five years or more. We also need to know that the employment act is not used in Sabah and Sarawak as they have their own act or Labour Ordinance respectively which are Sabah Labour Ordinance and Sarawak Labour Ordinance. Furthermore, the organization must know what to do if there is no misconduct found after the formal inquiry is conducted by the appointed panel. The employees have their own rights to get the full amount of any salary that was withheld during the suspension period. This is because, during the inquiry the employees will already be in the suspension period, and they are not getting any pay during that period. So, the organization needs to give them the full amount of salary after the organization has been sure that there is no misconduct found. But, if the result from the formal inquiry shows that there is misconduct found, the employer can instantly downgrade the employee and terminate the employee without giving any notice. There is no salary that needs to be paid to the employee which means, the salary that the employee should get during suspension without pay is burned because the accused is guilty.
16 CONCLUSION The implementation of severe disciplinary measures within the Malaysian public sector is crucial in upholding the elevated standards of honesty, effectiveness and responsibility anticipated of public servants. By ensuring that any accusations of wrongdoing are handled promptly and equitably, the procedures protect the public’s trust and the public service’s reputation. By upholding the values of fairness, proportionality, openness and confidentiality, the disciplinary system offers a reasonable means of handling misbehaviour. Clear procedures and principles for managing disciplinary concerns are established by the legal framework, which includes the Public Officers (Conduct and Discipline) Regulations 1993 and the Public Service Commision Act 1957. In addition to correcting individual behaviour, efficient disciplinary procedures also act as a deterrence to future misconduct. They uphold the value of moral behaviour and following the law, therefore encouraging an accountable culture in the public sector. The ultimate objective of these processes is to penalize misconduct while simultaneously promoting an environment at work where high moral standards are upheld, which enhances the general efficacy and dependability of the Malaysian public sector. By means of consistent enhancement and rigorous compliance with these protocols, the public service may sustain its dedication to providing the Malaysian populace with honesty and quality of service. It is also can give a good impact to the country. The public has more faith in the government and its institutions when disciplinary procedures are handled fairly and honestly. People are more inclined to trust a government that holds its workers responsible for their conduct. Other than that, can resolving misbehaviour makes the workplace more courteous and productive. When public employees are aware that there are standards of conduct that are upheld and that their coworkers share these norms, they are more likely to work effectively. Within the public service, the rule of law is strengthened by consistent disciplinary measures. It proves that everyone is subject to the same laws and regulations, regardless of their status. Thus, a secure and predictable business climate is fostered by an accountable and transparent governmental sector, and this can draw in both local and foreign investment. The general wellbeing of a nation depends on the implementation of disciplinary measures for wrongdoing in the public sector. It results in increased public confidence, increased effectiveness, stronger rule of law, financial gains, social stability and improved reputation globally. By holding public servants accountable, the country can ensure a more effective, fair, and transparent government that ultimately serves the best interests of its citizens.
17 REFERENCES Goedurov, R. (2020). Public Sector Organizations: Work Environment, Employee Behavior and Discipline. International Journal Papier Public Review, 1(2), 31–36. https://doi.org/10.47667/ijppr.v1i2.17 AZMI, K. A. B. C. The Effects Of National Integrity Policy, E-Government And Legal Framework On The Perception Of Corruption Practices In Malaysia: The Perspective Of Legal Practitioners. https://etd.uum.edu.my/6321/2/s95108_01.pdf Mohamed, A. M., Sakdan, M. F., John Abdullah, S. A., Ahmad, R., Khalil, S., Muslim, S., ... & Akmal Ismail, N. S. (2010). Improving disciplinary proceeding in enhancing good governance in the public sector. https://ir.uitm.edu.my/id/eprint/33243/1/33243.pdf Discipline & Termination | Divisions of Family Practice. (n.d.). https://divisionsbc.ca/provincial/resources/regular-employees/discipline-termination Termination due to misconduct is a serious disciplinary action that should be carefully considered. Employers must conduct a formal inquiry before taking any disciplinary action. (2024, March 14). Ministry of Manpower Singapore. https://www.mom.gov.sg/employmentpractices/termination-of-employment/termination-due-to-misconduct Carissang. (2024, April 16). Termination of Employment & Dismissal in Malaysia. Malaysia. https://employmenthero.com/my/blog/termination-dismissal/ Mustafa. (2023, February 6). Getting Fired As a Teacher: How and Why Teachers Lose Their Job. Teacher How. https://teacherhow.com/getting-fired-as-a-teacher-how-and-why-teacherslose-their-job/ Donovan. Ho. (2017, November 17). Suspension of Employees. https://dnh.com.my/suspension-ofemployees/#:~:text=Under%20the%20EA%2C%20employers%20can,and%20gravity%20of %20the%20misconduct. Pitcaithley, A. (2019). What must be in a written warning. BDJ In Practice, 32(7), 24-24. https://www.nature.com/articles/s41404-019-0099-z
18 WARNINGS, I. DISCIPLINARY ACTION, SUSPENSION AND DISMISSAL. Policy, 4, 03. https://www.southwesterncc.edu/sites/default/files/policiesandproceedures/4/4.03.03- Disciplinary.Action.Suspension.and.Dismissal.pdf Indeed Editorial Team. (2023, January 24). How to issue a verbal warning. Indeed Career Guide. https://www.indeed.com/career-advice/career-development/how-to-issue-verbalwarning Mohamad Danial bin Ab. Khalil. (2020, July 12). Types of employee misconduct and disciplinary actions. AJobThing. https://www.ajobthing.com/resources/blog/types-ofemployee-misconduct-and-disciplinary-actions