Terminated For Poor Performance

2 Case Law we can learn from.

Case 1: Cofran Sdn Bhd v. Lim Chooi Li [1998] 3 ILR 532

Chooi Li was employed as a Marketing cum Sales Executive. She was fired because she did not achieve the sales target the company had given to her. In court, the company produced evidence that:

1. She has been made aware of her poor performance and was told to improve vide warning letters.
2. The company gave her counselling & training to improve.
3. The company also lowered her sales target and gave her a better coverage area so it’d be easier for her to achieve her targets.

Yet, she failed. The court was convinced that the company gave Chooi Li enough time and opportunity to improve, hence upheld the dimissal.

Case 2: Ruzaimi Rizal Arajami v. Tanjong Golden Village Sdn Bhd [2008] 1 ILR 15

Ruzaimi, too, was fired for poor performance. However, unlike Case 1, in court, the company had failed to:

1. Establish that they had given Ruzaimi sufficient training.
2. Satisfy the court that Ruzaimi was effectively warned for his poor performance or given a fair process in appraising his performance.
3. Give him enough time to improve, even when they did.

The court ruled in favour of Ruzaimi that his dismissal had been without just cause and excuse.

So, it’s really simple.

1. Warn the employee about her/his poor performance.
2. Give the employee assistance to perform such as training.
3. Accord the employee with sufficient opportunity to improve including time.

And all of the above, please have them in writing.

Honestly, if you ask me, the whole process is tiring. So the better choice will be, a courageous conversation instead.

Bimbo

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