{"id":448,"date":"2026-10-16T15:35:40","date_gmt":"2026-10-16T07:35:40","guid":{"rendered":"https:\/\/abshrcapital.com\/?p=448"},"modified":"2026-10-16T15:35:40","modified_gmt":"2026-10-16T07:35:40","slug":"staf-selalu-datang-lambat","status":"publish","type":"post","link":"https:\/\/abshrcapital.com\/en\/staf-selalu-datang-lambat\/","title":{"rendered":"Staff Always Late? How to Handle It Properly Before Dismissal"},"content":{"rendered":"<p class=\"wp-block-paragraph\">Work starts at 8.30am. The same employee arrives at 9.05. The next day, 8.50. The following week, 9.15. The excuses keep changing: traffic jam, motorbike broke down, sending the kids, overslept.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">At first the boss says nothing. Over time, other staff notice. Those who come early feel it is unfair, and the one who comes late feels nothing happens. Eventually the boss loses patience and says, \u201cDon't bother coming in tomorrow.\u201d<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">This is where many employers go wrong. Lateness is misconduct, and repeated lateness can be grounds for termination. But if the employee is dismissed without the proper process, the employer can lose, even though the employee really was always late.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Why can't you just dismiss them?<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">An employee who feels dismissed without just cause or excuse can make a representation under Section 20 of the Industrial Relations Act 1967 within 60 days of the dismissal. Cases not resolved through conciliation can be referred to the Industrial Court.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The court looks at two things: whether the misconduct actually happened and can be proven, and whether dismissal was a proportionate punishment for it. If the employer cannot prove this, the employer can be ordered to pay back wages and compensation. The amount is usually far more expensive than handling the issue properly from the start.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">So the purpose of the process below is not to burden the employer. It is the process that protects the employer.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Step 1: Make sure working-hour rules are clear and in writing<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">Staff cannot be punished for rules they were never told about. Make sure the contract or company policy states:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Start and end times of work, including breaks.<\/li>\n\n<li>What counts as late, for example after 8.35am.<\/li>\n\n<li>How to notify if they will be late, for example a WhatsApp to the supervisor before work starts.<\/li>\n\n<li>The action that will be taken if lateness is repeated.<\/li>\n<\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">Ask staff to sign an acknowledgement of this policy and keep a copy.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Step 2: Record every instance of lateness<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">\u201cHe's always late\u201d is not evidence. Daily attendance records are. Use a time-clock, an attendance app or a logbook signed by the supervisor. Record the date, arrival time, how many minutes late and the reason given.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">These records are what you will refer to in every warning letter, show-cause letter and domestic inquiry later.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Step 3: Talk first before punishing<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">Call the employee in and ask kindly what is going on. Sometimes there is a real problem behind the lateness: moving house, no transport, caring for a sick family member. Some problems can be solved by temporarily adjusting working hours.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">If there is no reasonable excuse, explain the company's expectations and the consequences if it continues. Briefly record this discussion and its date, and ask the employee to sign. A recorded counselling session shows the employer has given them a chance.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Step 4: Issue warning letters in stages<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">If lateness continues after counselling, issue written warning letters. The usual practice is a first warning, a second warning and a final warning. Each letter should state:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>The dates and times the employee was late.<\/li>\n\n<li>The rule or policy that was breached.<\/li>\n\n<li>Any previous warnings given.<\/li>\n\n<li>The disciplinary action that may be taken if it continues, including termination.<\/li>\n<\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">Ask the employee to sign a copy as acknowledgement of receipt. If they refuse to sign, record the refusal in front of a witness.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Step 5: Show-cause letter<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">When warnings no longer work and the employer is considering a heavier punishment, issue a show-cause letter. List all recorded dates of lateness and give the employee a reasonable period, for example 48 hours to three working days, to provide a written explanation.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Read the employee's reply carefully. If the explanation is reasonable and supported by evidence, punishment may not be appropriate. If not, proceed to the next step.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Step 6: Domestic inquiry<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">Section 14 of the Employment Act 1955 allows an employer, on grounds of misconduct and after due inquiry, to dismiss an employee without notice, downgrade them or impose a lesser punishment. A suspension without wages as a punishment cannot exceed two weeks.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">A domestic inquiry does not need to be complicated, but it must be fair:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Inform the employee in writing of the charge and the date, time and place of the inquiry.<\/li>\n\n<li>Give the employee the chance to defend themselves, bring witnesses and question the company's witnesses.<\/li>\n\n<li>Appoint a panel not directly involved in the case, if possible.<\/li>\n\n<li>Record the proceedings and the panel's decision in writing.<\/li>\n<\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">While the inquiry is being held, the employer may suspend the employee for no more than two weeks, paying at least half their wages.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Step 7: Make a proportionate decision<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">Dismissal is the heaviest punishment and should be the last resort. It is easier to defend when there is a clear pattern of lateness, repeated warnings that were ignored and well-organised records.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">If the decision is termination, issue a termination letter stating the reason, the effective date and references to the earlier warnings and inquiry. Settle the remaining salary and other entitlements according to the law.<\/p>\n\n\n\n<p class=\"abs-sb-callout wp-block-paragraph\"><strong>SHORT COURSES \u00b7 SEKOLAH BISNES<\/strong>Need sample warning letters, show-cause letters and a guide to running a domestic inquiry? Sekolah Bisnes short courses (in Bahasa Melayu) for the Discipline &amp; Performance and Termination According to the Act stages start from RM39. <a href=\"https:\/\/sekolahbisnes.com\/sumber-manusia-hr-akta-pekerja\/\" target=\"_blank\" rel=\"noreferrer noopener\">View the HR &amp; Employment Act courses \u2192<\/a><\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Common mistakes employers make<\/h2>\n\n\n\n<ul class=\"wp-block-list\">\n<li><strong>Dismissing via WhatsApp or verbally<\/strong> without a letter and without due process.<\/li>\n\n<li><strong>Deducting wages as a fine for lateness.<\/strong> The Employment Act limits the types of wage deductions allowed. Arbitrary fines may break the law.<\/li>\n\n<li><strong>Being inconsistent.<\/strong> Employee A gets a warning while employee B, who is just as late, is left alone. This is easily challenged in court.<\/li>\n\n<li><strong>Forcing the employee to resign.<\/strong> Pressuring an employee to quit can be treated as constructive dismissal.<\/li>\n\n<li><strong>No records.<\/strong> Without attendance records and written letters, it is hard for the employer to prove anything.<\/li>\n<\/ul>\n\n\n\n<h2 class=\"wp-block-heading\">Start with a system, not with anger<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">Most lateness problems can be solved as early as steps 1 to 4. When the rules are clear and every late arrival is recorded, staff know the boss is serious. Many change before it ever reaches a show-cause letter.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">ABS HR Capital helps micro businesses and SMEs prepare attendance policies, warning-letter and show-cause-letter templates, and conduct domestic inquiries properly. If you are dealing with an employee who is always late, contact us to discuss the right steps before making a decision.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><em>This article is general guidance and not legal advice. Every case differs depending on the facts, contract and company records.<\/em><\/p>","protected":false},"excerpt":{"rendered":"<p>Staf yang selalu lambat memang menguji kesabaran. Tapi buang kerja tanpa proses boleh membawa majikan ke Mahkamah Perusahaan. Ini langkah yang betul, dari teguran pertama hingga penamatan.<\/p>","protected":false},"author":1,"featured_media":447,"comment_status":"closed","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[11],"tags":[],"class_list":["post-448","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-panduan-sumber-manusia"],"_links":{"self":[{"href":"https:\/\/abshrcapital.com\/en\/wp-json\/wp\/v2\/posts\/448","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/abshrcapital.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/abshrcapital.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/abshrcapital.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/abshrcapital.com\/en\/wp-json\/wp\/v2\/comments?post=448"}],"version-history":[{"count":1,"href":"https:\/\/abshrcapital.com\/en\/wp-json\/wp\/v2\/posts\/448\/revisions"}],"predecessor-version":[{"id":454,"href":"https:\/\/abshrcapital.com\/en\/wp-json\/wp\/v2\/posts\/448\/revisions\/454"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/abshrcapital.com\/en\/wp-json\/wp\/v2\/media\/447"}],"wp:attachment":[{"href":"https:\/\/abshrcapital.com\/en\/wp-json\/wp\/v2\/media?parent=448"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/abshrcapital.com\/en\/wp-json\/wp\/v2\/categories?post=448"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/abshrcapital.com\/en\/wp-json\/wp\/v2\/tags?post=448"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}