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General staff terminated at the end of probation solely due to attendance issue

MJK
Member
Thu, 18 Apr 2013 02:54:57 PM  (Last updated: Tue, 23 Apr 2013 02:17:40 PM)

I am seeking advice from any experienced hr personnel out there who is well versed with the labour laws to help enlighten me. I am the HR executive at a company which recently opened a new branch in my city. 99% of our staffs here are new staffs with 6 months probation period. At the 5th month ++, after submitting most of the staff appraisals to HQ in KL, the general manager decided to confirm most of the staff and for some of the staffs are non-confirmation and dismissal with a one week notice, whereby I think the non-confirmation is very unfair to the general staffs because the GM make the decision of non-confirmation solely based on their summary of attendance, whereby they have total tardiness minutes of more than 200 minutes in 6 months time. They totally didnt take into consideration these staffs have always work long hours for the company to cover the shortage of manpower, oftentime work from 9:30am - 10++pm at nights. The non-confirmation and dismissal is decided without any prior counseliing and warnings to the staff to improve their attendance. The staffs are not given a chance to imrpove their attendance. The staff work performance is committed can be seen from the long hours they work. The non-confirmation and dismissal had caused a lot of other staffs demotivated as before the new GM came in there had always been a chance of 3 months extension. Please advice is the company reasonable and fair to un-confirm staff solely based on attendance and totally didnt take into consideration of their work performance?

KL Siew
Administrator
Tue, 23 Apr 2013 02:17:40 PM

The only thing those dismissed staff can do is to bring the matter up with Labour Department or the Industrial Relations Department. The authorities may not look into the internal admin procedures of the company on staff performance and so on.

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