2. I suspect that my sales executive has repeatedly sent client details to a rival company and I want to dismiss him. Can I terminate his employment contract immediately without giving him advance notice or wages in lieu of notice?
As mentioned under the subheading “Summary dismissal”, employers may summarily dismiss their employees without advance notice or wages in lieu of notice if their employees are, among others, guilty of misconduct, fraud or dishonesty. The question whether the sales executive is guilty of such depends on the factual circumstances, such as whether he or she sent the client details to others fraudulently or dishonestly.
If you are not sure about your position, please contact the Labour Relations Division of the Labour Department at 2717 1771 for further information, or consult your own lawyer.
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