Can a supervisor who has worked with an employee for six weeks fairly evaluate performance?
The Industrial Court of Malaysia recently dealt with a case involving a probationary employee who was dismissed for allegedly failing to meet performance standards during his probation period.
The worker argued that he was unfairly dismissed without proper evaluation procedures and was denied contractual entitlements, while the company maintained that his poor performance justified the termination.
The worker's case centred on several key arguments: he was never given formal warnings about his performance, the appraisal process was conducted by a supervisor who had only overseen him for six weeks, the termination letter was improperly backdated, and he was denied his contractual travelling allowance during the Movement Control Order period.
The worker commenced employment with the company on 2 March 2020 as an enrolment and business development manager with a monthly remuneration of RM5,700, comprising a basic salary of RM5,500 and a fixed traveling allowance of RM200.
His appointment was subject to successful completion of a probationary period of one full semester from the date of commencement, which the company reserved the right to extend depending on performance. The worker was required to report directly to the president and chief executive officer.
A confirmation period was set for one full semester, which was roughly four months as the...
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