What happens when a senior employee consistently fails to meet mutually agreed performance targets?
The Industrial Court of Malaysia recently dealt with a case involving a long-serving bank employee who was dismissed for allegedly failing to meet performance standards after being placed in a consequence management programme.
The worker argued that the targets set were unreasonable, he lacked proper guidance, and the dismissal was tainted by bad faith, while the company maintained that, despite multiple opportunities and support, the worker consistently failed to improve his performance.
The worker's case centred on several key arguments: he was wrongfully placed in the consequence management programme without justification, the targets assigned were unrealistic for someone without a sales background, he was not provided with adequate guidance or training during the programme, and his request for transfer to a position closer to his home was neglected.
The company maintained that the worker, with over 30 years of service, including 16 years in sales roles, was given four performance reviews with ample assistance and guidance, but refused to improve or meet minimum expectations.
The worker commenced employment with the company as a clerk on 16 July 1993 at its branch in Pasir Puteh, Ipoh, Perak.
On 1 April 2004, he was promoted to cash officer at the branch in Kampung Koh, Sitiawan, Perak. He was later designated as a sales support...
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