Can’t terminate a Manager on a ground that the Manager is not performing because the Manager had not been warned of any shortcomings in Malaysia?

Can’t terminate a Manager on a ground that the Manager is not performing because the Manager had not been warned of any shortcomings in Malaysia?

A Manager tells his superior “Boss, you can’t terminate me on a ground that I am not performing because you had not warned me of any shortcomings”.

Is the Manager right?

He is probably not. If an employee is holding a managerial position, the need for warning is less apparent as deliberated by the Industrial Court in the case of Palette Multimedia Bhd/Palette Computer Sdn Bhd -v- Ang Ai Lian [2008] 9 MELR 37 as follows:-

“The necessity for warning and an opportunity for improvement to an employee in the non-managerial group is indeed much less apparent in relation to employees who are employed in senior management such as the Claimant as the General Manager of the 2nd Company”

Article by:

En. Mahadi Muhammad
Messrs Mahadi Redzuan & Co
Advocates & Solicitors (KL)
Email: mrco_legalfirm@yahoo.com.my

Connect with Mahadi on LinkedIn