Managing Poor Performance of Probationers, Confirmed Employees and Senior Management Including Performance Improvement Plan – Masterclass

The Industrial Court case of I.E. Project Sdn. BERHAD v. Tan Lee Seng [1987] 1 ILR 165 where it was held that unsatisfactory work or incompetence are grounds which the Company may raise for the purposes of terminating an employee from work and this exercise must invariably be followed by warnings that if the employee persist in the poor performance then it may lead to the dismissal of the said employee. The Industrial Court had the occasion to state this in the following manner:- "Dismissal for unsatisfactory work or incompetency should almost invariably have been preceded by warnings. In the event of poor performance being the reason for the dismissal one should always endeavour to show that the work complained of was performed subsequent to the warnings.