Saswatabanerjee
Partner - Risk Management
Jasmine2015
Hr Executive

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Dear all,
My company has terminated 3 unconfirmed staffs due to not perform and use of working hours to perform personal matter, eg: surf net (Youtube, tripadvisor, FB, etc). We have pay them according to the appointment letter on their last working day. However, they went to IR department to sue the company for this termination.
Please can anyone advice me do we left out any procedure before terminate the staff?
The staffs have been with company for 6 - 9 months but none of them meet the sales target set by company yet use the working hours to surf net.
Thank you for your advice.

Jasmine,
Though they were not confirmed need to check terms and conditions as per appointment letter. Also you need to give at least 3 warnings (in written) to give a chance to improve their performance. If all this thing are followed, you may show when required. Instead if you have asked voluntary resignation from employee, would not lead you to this situation.

The answer to your questions depend on the terms provided in the appointment letter. And the size and nature of your organisation and on other maters like whether standing orders are applicable to you. Please provide full details as each aspect affects the reply members will give you
Thanks MRugen and Nathrao for your advice.
My company was terminating them based on the clause by pay back them follow the notice as per appointment letter. However, I admit that maybe we did something which is not so appropriate for not give them any warning letter before terminate them. However, we have given them so many chances by extend from 3 months to 6 months or even 9 months. Therefore, may I know is this a MUST to give warning letter before terminate for a unconfirmed staff?
Thank you.

Agreed with Mr. Nathrao. Have you mention in extension letter that due to not satisfactory performance your probation period is extended from 3 months to 6 months and later on 9 months??? is there any clause mention in extension letter that after 3rd extension if you are unable to meet the expectations of Company you may terminated???
If it is there and signed by employee you may terminate without giving any additional warning letter.

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