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Dismissal of Employee under Extended Probation Period

Seong Kit Ying
Member
Sun, 05 Aug 2012 11:25:18 AM  (Last updated: Mon, 06 Aug 2012 05:58:23 PM)

I have an employee, IT Executive (with past > 6 years working experience in the same field, similar position), joined last year November 2011 and stated 6 months probation in his offer letter; therefore his probation due in end May 2012. In reviewing his performance and tasks given to him, he failed to carry out his job as an Executive. We had one review session with him together with presence of Senior Management and HR Manager. We highlighted our rating to him and together we gone through the outstanding task list with him. Each task assigned to him has been given enough time for him to complete but he had yet to complete any. To be fair, we wanted him to set the deadline for each task since already over the company set deadline. New deadline being set during the meeting and both parties agreed. We also shown him our performance review result and he agreed his performance is below average and he understood company expectation. 3 months extended probation has been highlighted to him and he has to perform within the 3 months.

Major problem from this staff is he doesn't has initiative to explore the job function, very poor in analysing each problem and lack of problem solving skill, forgetful and required the superior to keep on sending reminder email to remind his task and deadline, do not have initiative to report the status of each task (I believed the tasks are not being executed after the session, therefore no improvement in each task), when superior sent email to him, he ignored the email and not replied and responded to every follow up.

Along the 3 months, he has delayed most important tasks without reason and not even getting approval from superior for such delay. When superior asked, he tends to ignored the official request and not to act on it. A simple task, he took more than 3 months to handle as the task only require at most 1 week. End user sent in request, he just put a side and not to entertain, few months later when the department head of the end user brought out the issue of slow respond or ignorance to such request during the Management meeting, we questioned him and he just tell "FORGET".

There are some documents need to be updated correctly whenever we made any changes to the company asset allocation and assignment, he has updated one file but ignored other files, many reminders has been given and warnings issued to him to take note the importance of updating all related documents accordingly, the same mistake repeated in the countless manner. When we asked him for reason, he said "FORGET".

Lack of follow up on each task is his biggest weakness, we wanted him to have his daily activity report to be submitted to immediate superior, cc Senior Manager and also General Manager. At the end of each week, he has to report the status of each pending task. The report is being sent via email but the same task beign repeated for almost 3 months, without any progress and no reason given for such delay. Many warning being sent via email towards each task and he has to respond to each and every item, what we get is nothing but he still continue sending his daily task which including that task in his daily activity. For me, if the task being executed daily, it should not have endless status.

Many tasks given to him not being executed properly, his superior has taken over his task and every time when he see his superior doing his work, he just pretend he don't see and don't have initiative to work with his superior, what we observed, he is pretending he is the supervisor of his superior.

3 months past, his extended probation is going to finish by this month, we have review again his performance and dissatisfaction of his work quality. He is not suitable for the position, and we decided to ask him to leave. If he can resign with official resignation letter, can he bring this dismissal to the Industrial Court and against the employer? Take note we have a complete tracking report and most of the tasks assigned to him is not complete or not being responded. During the probation period, one warning letter has been issued to him due to his misconduct and putting company at risk (company sales information is not protected due to his misconduct)

Kindly advise

KL Siew
Administrator
Mon, 06 Aug 2012 08:51:03 AM

Well, if you cannot get him to leave amicably, you can hold a DI to look into his so-called misconduct and decide accordingly. However, he of course, has the right to bring the matter to the Industrial Court if not satisfied with company's decision.

Seong Kit Ying
Member
Mon, 06 Aug 2012 04:49:54 PM
Originally posted by KL Siew on Mon, 06 Aug 2012 08:51:03 AM

Well, if you cannot get him to leave amicably, you can hold a DI to look into his so-called misconduct and decide accordingly. However, he of course, has the right to bring the matter to the Industrial Court if not satisfied with company's decision.

We already had the DI before the warning letter to him, which was few months ago. For the 3 months extended probation, we just have email warning to his poor performance and continuous misconduct in his job. If a company can proof to him for his poor performance and dissatisfaction from both his immediate superior and also the head of the company, can we dismiss him or ask to leave during his extended probation period? Nobody can guarantee 100% perfect for an employee, that's why we had probation period, during this probation period, employee given opportunity to proof and show his performance and ability to handle the task and position, however due to skillset and personality, we feel that he is not suitable for the company and we wish not to confirm him. His original probation period is 6 months, we gave him chance to change and make good improvement, extended his probation to another 3 months, result still the same and even worse! Put it in this way, if you are the superior, can you accept an employee that every day just not to care his work and not even care to complete the task assigned to him, and you are just paying him every month?

I have no say, we will convince him to resign rather than we dismiss him. My question is if we receive his resignation letter, can he still bring this up as dissatisfaction and put to Industrial Court? Is the court still protecting him if we can show his very poor performance? Example, out of 10 tasks given, he only managed to complete 1 task within 9 months, is this considered by the court and side on him? If yes, I think no one will want to work harder to gain trust from the company... right?

KL Siew
Administrator
Mon, 06 Aug 2012 05:58:23 PM

Of course he still can bring the matter up with the Industrial Relations Department if he thinks he has grounds to do so.  However, you can discuss the issue with the local Industrial Relations Department and get some advice from them also.

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