Urgent question termination payment

I have terminated our helper today due to misconduct . The helper has been with us for a short time 5 weeks. Do we legally have to pay one month notice or just airfare ticket home, and salary that is due ? also do we have to give the helper a copy of the termination letter or just give straight to immigration. i have not been in this situation before ?

depends what you called "misconduct".

Termination of contract without notice by employer

According to the guidebook for hiring FDH by immigration:


"48. Clause 11 : The employer may terminate the contract without notice or payment in lieu if the Helper, in relation to his/her employment:

wilfully disobeys a lawful and reasonable order;



misconducts himself/herself, such conduct being inconsistent with the due and faithful discharge of his/her duties;


is guilty of fraud or dishonesty;



is habitually neglectful in his/her duties; or



has caused the employer, on any other ground, to be entitled to terminate the contract without notice at common law. "



If indeed it is "misconduct" as defined by the immigration and labour department... then you can terminate your DH without the 1 month notice. Therefore, just the airfare home and salary pro rata to the day you terminated her.

I usually do three copies of termination letter.

One for immigration, (fax then mail hard copy), then one for the ex-helper, and one for yourself for records.


Ask her to sign a letter of acknowledgement that you don't owe her anything, no outstanding balance, and then she is leaving due to her "mistakes". Then she can't have any chance to take you to the Labour Department as I frequently hear happens.....