Disciplinary Procedures (Misconduct)

It is good practice for every organisation to have formal disciplinary and grievance procedures in place. Whether an employee has breached the terms of his or her employment contract, the employee handbook or the workplace policy; or has made a complaint about the way he or she has been treated by the employer, it is important to have clear procedures that ensure appropriate action is taken. When an employer wants to initiate disciplinary proceedings, for reasons such as alleged misconduct, this can result in serious consequences for the employee, such as a written warning, suspension of work, dismissal or some other sanctions. We understand that such events are stressful and time consumingwhether you are the employer initiating a disciplinary action or an employee at the receiving end of that disciplinary action.

At MWKA, we provide professional, tailored advice that will help you resolve these issues quickly and effectively.

Our Services

• Advising clients on termination of employment
• Advising clients on disciplinary actions that can be taken against employees based on misconduct
• Advising clients on the process and mechanism of holding a domestic inquiry, drafting of show cause letter, notice to attend disciplinary inquiry, termination letter etc.
• Advising clients on the preparation of disciplinary procedures and HR handbook
• Advising clients on medical boarding out

Our Experience

• Drafted a set of Disciplinary Procedure for a federation
• Advised a federation on how to conduct disciplinary inquiries and taking disciplinary action against its members
• Advised employers and employees on disciplinary procedures following the discovery of the employees’ alleged misconduct

Related Services

• Employment Contracts and Policies
• Industrial Court Disputes
• Retirement & Medical Boarding Out

Reviews & Testimonials

• “Great support from John Chan. He has taken the time to understand my employment situation and advised accordingly.” – How Han, Kuala Lumpur
• “When our organization encountered a complex employment case, we sought the expertise of MWKA, and I’m thankful we did. John Chan’s legal knowledge is truly reassuring. He responds whenever he’s available, even outside of working hours, should you have a question. If he’s tied up in court and can’t reply promptly, he’ll let you know in advance to ease your concerns. This gesture alone shows his genuine commitment to his clients. John consistently goes above and beyond in his service. He’s been gracious enough to answer questions that even fall outside the immediate scope of our case, which we deeply appreciate. If you’re in a tight spot and need someone who has got your back, I’d wholeheartedly recommend MWKA.” – LY Tai, Passion Republic Sdn Bhd
• “Great Experience! The employment team at MahWengKwai & Associates is fantastic. John and Jasmine are very professional and efficient. They know their subject well. I will definitely recommend this firm!” -Taruna Sachdeva, ASSA ABLOY Opening Solutions Malaysia Sdn Bhd
• “John provided us with professional advice on an employment problem we faced. Thank you John and MWKA.” -Stephanie Tan, Comrel Technologies Sdn Bhd, Petaling Jaya.
• “I would like to put on record, the appreciation of myself, and New Zealand Unlimited Restaurants Sdn Bhd (NZUR) for the excellent legal advice and representation provided by John Chan from MahWengKwai & Associates. NZUR decided to engage the legal services of MahWengKwai & Associates, and we commenced liaising with John Chan. John Chan was very thorough in his working relationships with NZUR. The Management of NZUR would certainly be willing to engage John Chan’s services again. NZUR is pleased to recommend John Chan from MahWengKwai & Associates for employment and industrial relations matters and disputes.” – Richard Tankersley, New Zealand Unlimited Restaurants Sdn Bhd, Kuala Lumpur
• “Mr. John Chan was the one who assisted me with my enquiries. I can say that he is very approachable and knowledgeable regarding my employment matter. I am very grateful to have found their website online and for their quick response when I emailed them. Highly recommended.” – Mae, Philippines
• “I am very pleased with MahWengKwai & Associates’ services in particular, John Chan. My dealings with him have been professional, efficient and timely. John is very responsive in addressing any concerns that we have and helping us through the process. Thank you for your excellent service! We are happy with the outcome. Highly recommending MWKA to my HR network.” – Nicole Liew, Hitachi Construction Machinery (Malaysia) Sdn Bhd, Petaling Jaya, Malaysia

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