RegisterLog In

Termination due to Poor Performance

Tivoli
Member
Mon, 30 Sep 2013 07:43:42 PM  (Last updated: Fri, 11 Oct 2013 03:02:07 PM)

I have been working for more than 12 years for this company and have good records. 2 years ago I have recently been promoted however, the increment for the promotion was just the normal yearly incremental amount, however I accepted it, In this Senior position, I struggled to perform and there were complaints from project team. My health suffered and I was very stressful to the point that they had to have someone else take over my position, Thereafter, I went on to support other projects. From there onwards, my performance indicator fell to 1 which means only meeting some of my objectives but not all, I had performance indicator 1 for 2 consecutive years. However, now, the Management wants to terminate me due to my poor performance,  There were no warning letters whatsoever, however, they continued to engage me on various projects. Also my health has been poor lately  and may need a major surgery soon, Does my Employer have the right to terminate me based on my poor performance, which could be due to stress and poor health ?? In this situation, can I not accept the termination benefit offered if it is less than the termination benefit entittlement of a long service Employee?  What are my rights as a long service employee ?

KL Siew
Administrator
Tue, 01 Oct 2013 08:46:58 AM

Wait for the offer of termination benefits by the company first and see whether it is a reasonable offer. After that you can go to the Industrial Relations Department and discuss the matter in greater details with the officer there. The IRD may be able to give the proper advice as to what you should do.

Tivoli
Member
Thu, 03 Oct 2013 02:42:18 PM
Originally posted by KL Siew on Tue, 01 Oct 2013 08:46:58 AM

Wait for the offer of termination benefits by the company first and see whether it is a reasonable offer. After that you can go to the Industrial Relations Department and discuss the matter in greater details with the officer there. The IRD may be able to give the proper advice as to what you should do.

Dear Sir,

Under the Employment termination and Layoff Benefits Regulations 1980, there is no mention of termination of an employee due to poor performance. There is termination due to misconduct only after a domestic inquiry,which is certainly not my case,  so therefore, I think I am entitled to at least a minimum layoff benefit under regulation (6) ie 20 days for every year's of employment as I have been more than 12 years in the company. Could you please confirm this? As the HR Manager told me they can terminate me with only 3 months notice without any benefits. I do not accept this.

KL Siew
Administrator
Thu, 03 Oct 2013 03:42:48 PM

Yes, if they terminate your service, for whatever reasons, you still have the right to seek redress with either the Labour Department or the Industrial Relations Department for termination benefits, reinstatement and so on. Let the company make the first move.

Tivoli
Member
Fri, 11 Oct 2013 02:46:10 PM

Thank you Mr Siew, appreciate your advice and help.

Best regards,

Tivoli

Tivoli
Member
Fri, 11 Oct 2013 03:02:07 PM
Originally posted by KL Siew on Thu, 03 Oct 2013 03:42:48 PM

Yes, if they terminate your service, for whatever reasons, you still have the right to seek redress with either the Labour Department or the Industrial Relations Department for termination benefits, reinstatement and so on. Let the company make the first move.

Dear Mr Siew,

Noting the following an extract from Labour law 1980 Regulation (6) :

employee will be entitled to layoff benefits not less than the following:

- 1 to 2 years service - 10 days wages for each year service

- more than 2 years but less than 5 years service - 15 days wages for each year service

- 5 years service or more - 20 days wages for each year service

Is it only applicable for employees with salary less than RM2000/mth ?? Am I entitled to to this clause if my salary is more than RM2000/mth ?

I am hoping to get more than the minimum.

Best regards,

Tivoli

  This topic is closed