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under performing pregnant probationer

joshcloudz
Member
Fri, 25 Apr 2014 05:16:21 PM  (Last updated: Sat, 26 Apr 2014 01:30:36 PM)

Hi,

I have a staff which is still under probationary period and just recently announced to the Management that she is pregnant. Every she will be taking MCs and not able to complete her task and this is causing a bad headache as she is never seems to be able to complete any tasks. Even before her pregnancy, she is not able to perform. Her manager has had small talks with her in regards of her very frequent leaves and MCs. 

My question is:-

  1. Since she is still under probation, can the company not confirm her and give her a 24-hour notice as per the signed Letter Offer?
  2. If so, is there any other issue the Management should look at before making the wrong decision? 
  3. Is there any clauses in the EA that the Management should consult with?

Thanks for your time!

Regards,

Josh

KL Siew
Administrator
Sat, 26 Apr 2014 01:30:36 PM

Of course you can terminate her service but she also has the right to complain. If the company is willing to employ married women, it may have to expect  such a problem. Anyway, it may not be a good idea to terminate service on grounds of poor performance due to pregnancy. You can also seek the  views of the Labour Department, give them a call.

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