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Termination of an poor performance and always "MIA" staff

Mon, 22 Jun 2015 03:52:59 PM  (Last updated: Mon, 22 Jun 2015 05:14:43 PM)

Dear Siew,

We have one employee holding the position in Sales Account Manager. She joined in December 2014 and going through the six months probation period in our company. She is not confirm yet and she always missing in action, taking EL last minutes, came in office late with "overslept" as reasons. Her superior has been giving her verbal warning, advise almost every week but seems like she is not improving and giving reason meeting customer outside and refused to come back office for meeting. Since she is still not confirm yet, can we terminate her immediately? I don't see any of our employment policy/ rules was restricting from terminate her immediately. Kindly need your advise.




Mon, 22 Jun 2015 05:14:43 PM

Hi Gavin,

It is unfortunate that you cannot terminate her employment unless you have got yourself good supporting documents or else, you will lose the case easily if she brings it to the court.

In short, for the case of unsatisfactory or poor performance, you should do the following to avoid unjust termination:-

1.) the employee is warned about her poor performances;

2.) the employee is accorded sufficient opportunity to improve; and

3.) notwithstanding 1.) and 2.) the employee failed to sufficiently improve.

Remember, the burden of proving the termination is with just cause lies on the Company and not the employee. Therefore, you need very good black & white supporting documents such as warning letters, KPI, PIP, counseling letter, DI, show cause letter and so on to prove that the Company has given the employee. Without those documents, I guarantee you will fail to prove the termination is bona fide.

Please read my reply here for more information:

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