CONDONATION
By Faudzil Harun
The Doctrine of Condonation
Condonation is generally described as permission granted to an employee
retrospectively to cover a prior misconduct or breach of duty as well as
prospectively. Such retrospective permission is called condonation. Supervisor
who continues in employment of an employee with full knowledge that the
later has committed a breach of duty, condones, the breach and such waiver
or retroactive permission prevents the employer from later punishing the
employee for it, absent a revival thereof.
retrospectively to cover a prior misconduct or breach of duty as well as
prospectively. Such retrospective permission is called condonation. Supervisor
who continues in employment of an employee with full knowledge that the
later has committed a breach of duty, condones, the breach and such waiver
or retroactive permission prevents the employer from later punishing the
employee for it, absent a revival thereof.
Factors that Determine Condonation
For the concept of condonation to apply, there must be :
1. An act of misconduct which was punishable;
2. The employer has full knowledge of the employee’s misconduct;
3. There must be behavior of the employer by which he excused the employee
either expressly or impliedly by allowing the employee to continue in
employment.
The Rules of Condonation
The rules are as follows :
1. Condonation Occurs if the Decision is
Communicated
1.1 If a line manager or supervisor, informs the employee who has
committed misconduct, that he should not repeat the offence and that
he should get on with his work, then the decision has been made.
1.1 If a line manager or supervisor, informs the employee who has
committed misconduct, that he should not repeat the offence and that
he should get on with his work, then the decision has been made.
2.
Condonation Results in the Employer Losing His Right to Punish
2.1 Condonation of misconduct can be imp-lied in cases where no action
is taken within a reasonable
time of the commission of the act by the
employee.
2.2 It is well established that if the employer on discovering misconduct
2.2 It is well established that if the employer on discovering misconduct
of
the employee continues to employ
him, he condones such
misconduct and cannot later, punish him for
the same offence.
In Ladang St. Andrew Batang Berjuntai v Suppiah a/l Kathiresan, I/C Award 183/86, the claimant, a lorry driver was alleged to have absent on 19th, 20th and 21st July, 1985. He was allowed to work from 23rd to 29th July, 1985. The Industrial Court held that by allowing claimant to work on 23rd July, 1985 and giving him a chance, his absence was condoned.
In Ladang St. Andrew Batang Berjuntai v Suppiah a/l Kathiresan, I/C Award 183/86, the claimant, a lorry driver was alleged to have absent on 19th, 20th and 21st July, 1985. He was allowed to work from 23rd to 29th July, 1985. The Industrial Court held that by allowing claimant to work on 23rd July, 1985 and giving him a chance, his absence was condoned.
In Koperasi Serbaguna Cuepacs Tanggongan
Berhad v Vimala Sivaparagasam, I/C Award 367/2000, The employer has failed to take prompt action on a
habitual latecomer, who was alleged to have been late on 61 occasions. His
subsequent dismissal on a blanket accusation or persistent late coming was held
to be unjust.
Common Words Used by Superior that Lead to Condonation
1. It’s ok, do not repeat it the next time.
2. People make mistake, learn from your mistake, and continue your work.
3. Get on with your work, I will try to help you this time.
4. Continue your work while we wait for the decision from the management.
5. Continue your work until a decision is made.
6. If I help you this time, make sure you never repeat the same next time.
7. Get on with your work, I will try to appeal for you to continue in
employment.
and so on ……….