Employment lawyer provides guidance on dismissal compliance, addressing remote and hybrid work
Managing employee misconduct is a critical responsibility for HR professionals, particularly in cases requiring instant dismissal. Employers must balance their obligations to enforce workplace standards with adherence to legal requirements to avoid disputes and reputational harm.
In Singapore, summary termination—dismissing an employee without notice or payment in lieu of notice—is often reserved for severe cases of misconduct.
With the rise of remote work, these situations have grown more complex, requiring organizations to adapt their policies and practices to address new challenges.
Instant dismissal is typically reserved for serious misconduct, often involving a breach of trust or integrity, according to Jenny Tsin, co-head of the employment practice group at WongPartnership LLP.
"Examples include theft, dishonesty, fraud, corruption, or harassment," she says. "These behaviors undermine the employment relationship and leave employers with little choice but to terminate the employee’s contract."
However, Tsin stresses that having clear evidence is essential. "It’s not a court proceeding, but employers need enough evidence to justify their decision," she explains. This might include documented transactions, emails, or witness accounts.
Legal guidance can be invaluable in this process. "In-house or external counsel can review the evidence and ensure the termination decision is defensible," she advises. "It’s [about] ensuring you have a sound basis if the decision is questioned later."
A fair inquiry process is a cornerstone of managing misconduct cases.
"Employers must conduct a due inquiry, informing the employee of the allegations and providing an opportunity for them to respond. This is not just best practice—it’s a legal requirement under Singapore’s Employment Act," Tsin notes.
Neutrality in the inquiry process is equally important.
"The decision-maker should not be the complainant, the accused’s supervisor, or anyone with a potential conflict of interest," Tsin says. "Neutrality ensures the process is transparent and fair for all parties."
Policies, while not legally required, can play a crucial role in ensuring consistency.
"Clear disciplinary policies set expectations and provide a framework for handling misconduct cases systematically," Tsin adds. "They also help employees understand what constitutes misconduct and the potential consequences."
Tsin emphasizes the importance of a structured investigation process. "Employers should begin with a fact-finding exercise to gather evidence, such as speaking to involved parties or reviewing key documents," she explains.
"This can involve interviews, reviewing documents, or checking digital records, depending on the nature of the misconduct."
She also highlights the role of HR in ensuring procedural fairness.
"The investigation should be impartial, and the findings must be documented clearly to support any decisions made later," Tsin says.
"Having detailed records protects employers in case of disputes and ensures clarity in the process."
The shift to remote work has introduced additional layers in managing misconduct. "Without direct supervision, employers may face issues like unauthorized use of work hours or breaches of confidentiality," Tsin explains.
"Remote work also brings unique risks, such as data leaks or employees working from unapproved locations."
Clear policies outlining acceptable conduct in remote settings are essential. "For example, employers should establish rules about handling confidential information, ensuring it’s not discussed in public spaces or left unprotected at home," she says.
Regular check-ins, internal audits, and communication about expectations can also help. "Employers should also be cautious with monitoring tools, ensuring they comply with privacy laws and don’t negatively impact employee morale," Tsin warns. "Excessive surveillance can not only breach laws but also erode trust."
"Training employees on workplace policies and acceptable conduct can significantly reduce misconduct," Tsin notes. "Clear communication about company expectations creates a culture of accountability."
Tsin advises employers to periodically update their policies to reflect changes in work environments.
"As remote and hybrid work models evolve, so should the policies that guide employee behavior," she says.
"Employers must remain proactive in addressing emerging risks."
One of the most significant risks in misconduct cases is failing to conduct a proper inquiry.
"Employers sometimes act too quickly, thinking the misconduct is obvious," Tsin says. "Skipping due process can lead to claims of wrongful termination and damage the company’s reputation."
To avoid these pitfalls, she recommends proactive measures. "Developing clear policies, training HR teams, and seeking legal advice can help employers [deal with] these situations effectively… Having a framework in place allows you to address issues consistently and with confidence."
