How should an employer deal with a non-performer in Malaysia?
Generally, there are three (3) requirements that need to be satisfied by an employer before it may terminate an employee on ground of poor-performance.
The said three (3) requirements are as decided in numerous cases one of which is in the case of Ireka Construction Berhad -v- Chantiravathan A/L Subramaniam James  2 ILR 11 wherein the Industrial Court held as follows:-
“As far as unsatisfactory performance is concerned the Industrial Court has laid down that in order to justify the dismissal of the claimant on this ground, the company has to establish:
i) that the claimant was warned about his poor performance (preferably in writing);
ii) that the claimant was accorded sufficient opportunity to improve; and
iii) that notwithstanding the above, the claimant failed to sufficiently improve his performance”
Mahadi Muhammad (Owner and Principal Partner)
Law Firm: Messrs Mahadi Redzuan & Co (Advocates & Solicitors) Kuala Lumpur
Email: mrco_legalfirm@ yahoo.com.my
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