- 其实在老板必须知道的解雇手续的文章中也提到，当员工有工作上失误的问题时，公司必须持续地评估有关员工的表现， 并持续的提供培训来改善；若依然不成功， 才能进行解雇的程序。
Frequent Costly Mistakes Made by Employee even after Counselling
- A termination letter was issued to a Clerk in an insurance company which read as follows:”We refer to your Counselling Sessions with your Manager dated 17 September 2015 and 4 August 2015 on your work performance with Agency Administration. We regret to inform you after reviewing your work again this month, you continue to repeat the same errors and mistakes. This had resulted in extra effort by your Manager to correct your mistakes, and the Company incurring extra expenses on Agreement’s stamping fee and travelling as well as affecting our Agents’ confidence with the Company as they have been required to re-sign and re-submit their documents again as a result of your frequent errors and mistakes.”
- After the Clerk filed a claim for reinstatement, the case was heard at the Industrial Court. Evidence was given by the Company that the normal time frame for an employee to learn the functions of a clerk is two to three months.
- After that, they said, a clerk should have no problems as the work was standard with the same tasks being repeated every day. However, after this period was over, the Clerk was still making many mistakes.
- Her supervisor started to give her a one-to-one counselling at this point of time which did not solve the problem. The performance of the Clerk was reported to the human resource department.
- Two more counselling sessions were then held, a month apart, with the Head of Department and the human resource head present. Her trade union representative also attended the sessions. As she continued to make elementary mistakes without any explanation, she was dismissed.
- The Court noted, “The claimant was handling clerical work, a repetitive type of work that required minimal analytical skills. The claimant merely had to enter data which was available to her to be inserted at the correct places, send over the documents for the next procedure in a timely manner such as stamping and to close an agent file based on whether there was any outstanding balance. …any clerk of a reasonable diligence would have been able to grasp and execute without much difficulty.
- Sadly, the claimant had immense difficulty to execute those simple tasks correctly for the ten months she was in the Agency Administration Department… Had the claimant taken the effort to check her work after typing, she would have realised the careless mistakes she had made. In short, she could have just learned to be more focused in her work and to put more effort, something her superiors were trying to counsel her during the two counselling sessions.”
- Based on the Clerk’s frequent mistakes which were costing the Company money, the Court found that her dismissal was with just cause and excuse.
- Employee Misconduct CLJ PUBLICATION
- Zuraaida Che Zahari v. The Pacific Insurance Berhad  2 LNS 1105
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