“Is it true it’s easier to fire a manager compared to an executive?”
“True.”
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Well, yesterday I shared about how one can be terminated for poor performance (https://professionalbimbo.com/2022/05/25/terminated-for-poor-performance/).
And yes, when it comes to senior positions, it’s easier to fire because when it comes to performance, the need to warn the employee and give the opportunity to improve can be lesser.
2 Case Law we can learn this from.
Case 1: Kazusoya Quarry Sdn Bhd v. John Seet Tiong San [2000] 2 ILR 521
John was not performing and was fired.
The company did pointed out his shortcomings and warned him if his poor performance continues, the company might not want him anymore. Oh well, his poor performance did continued, hence dismissed eventually.
In this case, the court was satisfied that John was given fair notice that he was not up to par. Also plus the fact he was actually given the opportunity to improve, though it seemed to be lesser compared with other cases. Because John was actually in a managerial capacity & was hired as an expert.
Hence, his dismissal was upheld by the court.
Case 2: A Saad Tasripan V. Geowell Sdn Bhd [2012] 2 ILR 321
Now, this is a very interesting case to study.
A Saad was hired as a Finance Director. The company was able to established the employee’s failure on the job. He was warned and being counselled even.
He was given increment less frequent compared to other staff. He was transferred & stripped of his directorship. All these were hints to alert him to do something about his performance but he continued to slack. The company even dialed down his responsibilities and yet, he didn’t perform.
Now, A Saad was never given any written warnings nor training nor assistance to improve his performance.
But with reference to the case of James v. Waltham [1973], “Those employed in senior management may be the nature of their jobs be fully aware of what is required of them and fully capable of judging for themselves whether they are achieving that requirement. In such circumstances, the need for warning and an opportunity for improvement is much less apparent.”
And that was it. The court upheld his dismissal was for a just cause.
So, moral of the story, all you managers/directors out there who are especially part of the top echelon of company’s management, you are hired for your expertise and for your knowledge.
No training for you but you are expected to deliver your performance with flying colours.
Bimbo
#CaseLaw #HRMatters #DoYourJobWellRegardless
