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1986 MarsdenLR 318

AWARD

The Claimant joined the Company as a Technical Supervisor on or about the 5th of July 1984.

It was contended on behalf of the Company that the Claimant was terminated because of his poor performance and inability to work with other employees of the Company despite having been given warnings requiring him to improve.

It was also contended by the Company that as the Claimant was not dismissed for misconduct the principles of natural justice did not apply.

On the other hand, it was contended by the claimant that his dismissal was without just cause or excuse and or an unfair labour practice.

An employee's poor performance and inability to work with the other employees of the Company certainly connotes a sense of improper conduct or wrongful behavior on his part.

In the instant case, there have been, apart from poor performance, allegations of the Claimant shouting and arguing with his subordinate technicians.

2

The charge against the Claimant is for poor performance or defective performance coupled with his inability to work or get along with his subordinates which is certainly a charge of misconduct which necessitates an Inquiry.

Ang Seng Choon (Ang for short) - (CW-1), the Manag

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