INDUSTRIAL COURT RULING: PERFORMANCE-BASED TERMINATION
Jan
Date: 8.1.2025
This legal document details a 2018 Industrial Court of Malaysia award regarding a dispute between Norhayati Binti Sulaiman and Shell Malaysia Limited. The court examined whether the claimant’s dismissal for poor performance was justified, specifically focusing on her failure to improve while under a Performance Improvement Plan. While the company initially argued the claimant was a probationer, the court determined she was a confirmed employee based on her length of service and compensation package. Despite this status, the Chairman upheld the dismissal, ruling that the employer provided sufficient warnings and coaching. The final judgment concluded the termination was executed with just cause, noting the claimant’s failure to meet the high standards required for her senior role.
