By:
Bryan Lui (Co-Managing Partner) [bryanlui@luibhullar.com]
Harneshpal Karamjit Singh (Co-Managing Partner) [harnesh@luibhullar.com]
Proving Poor Performance in Malaysia: A Case Study with Lui & Bhullar
Terminating an employee for poor performance requires proper documentation and adherence to fair procedures. This article examines the case of Siti Hajar Binti Jamaludin v Celcom Axiata (M) Berhad, highlighting essential considerations for employers and employees. If you require employment law advice Malaysia, Lui & Bhullar, a trusted employment law firm Kuala Lumpur, can provide expert guidance.
Case Overview: Siti Hajar Binti Jamaludin v Celcom Axiata (M) Berhad
The Industrial Court upheld Celcom Axiata’s dismissal of Siti Hajar Binti Jamaludin based on poor performance. Despite 18 years of service, she was terminated after failing to improve during a
Performance Improvement Plan (PIP).
Key Facts & Examples
1. Performance Rating & PIP
The claimant’s performance was rated 2 out of 5, triggering the PIP.
Example: Her sales figures consistently fell below targets, or project completion rates were significantly delayed.
2. PIP Implementation
A 5-month PIP was provided, including mentoring and support.
Example: Documented mentoring sessions showed repeated advice given, or specific tasks assigned with missed deadlines.
3. Claimant’s Argument
She argued her rating was incorrect and the PIP was unfair.
Example: She presented emails showing positive client feedback, claiming her rating should have been 3 out of 5.
Court Findings & Examples
1. Familiarity with Process
The claimant was familiar with the company's performance evaluation system.
Example: Previous PIP documentation showed her acknowledgment of the process.
2. Awareness of Rating
She was aware of her 2/5 rating and did not dispute it initially.
Example: Email correspondence acknowledged the rating without protest.
3. Opportunities for Improvement
The company provided ample opportunities, including an extended PIP.
Example: Performance reviews documented specific areas for improvement with deadlines.
4. Calibration Process
Ratings were subject to higher management calibration to ensure fairness.
Example: Internal memos or meeting minutes documented the rating process.
5. Appeal Process
An appeal process was available but not used by the claimant.
Example: The company handbook outlined the appeal procedure, which she did not initiate.
Key Takeaways for Employers & Employees
For Employers:
Objective Evaluation
Use a transparent performance evaluation system with defined metrics.
Example: HR software tracking key performance indicators (KPIs).
Clear Expectations
Discuss performance targets with employees at the start of the year.
Example: Documented meetings where KPIs are set and signed by both parties.
Documented Improvement Plans
Provide structured improvement plans such as PIPs, mentorship, and training.
Example: Detailed PIP documents specifying goals, timelines, and support.
Consistent Application
Apply evaluation criteria fairly to avoid claims handled by a wrongful termination lawyer Malaysia.
Example: Standardized KPI assessments for all employees in similar roles.
For Employees:
Know Your Rights
Familiarize yourself with your company’s performance evaluation process.
Dispute Unfair Ratings Promptly
Utilize the available appeal process if you disagree with your rating.
Seek Legal Assistance if Necessary
If unfairly dismissed, consult an employee rights lawyer Malaysia or a workplace discrimination lawyer Malaysia.
Lui & Bhullar: Your Employment Law Experts
Lui & Bhullar is a premier employment law firm Kuala Lumpur, specializing in:
Labour law Malaysia compliance for employers.
Employment contract lawyer Malaysia services for drafting and reviewing contracts.
Industrial relations lawyer Malaysia assistance for workplace disputes.
Wrongful termination lawyer Malaysia services for unfair dismissal claims.
Workplace discrimination lawyer Malaysia cases, ensuring fair treatment in the workplace.
Employment lawyers near me search solutions for quick access to expert legal support.
For expert employment law advice Malaysia, contact Lui & Bhullar today to safeguard your workplace rights.
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