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2017 MarsdenLR 847

INDUSTRIAL COURT KUALA LUMPUR
HOW KAM CHAI – Appellant
Versus
CITIBANK BERHAD – Respondent


Table of Content
1. importance of substantiated assessments and the requirement for proper procedures in performance evaluation. (Para 39 , 41)
2. conclusive directions for compensation. (Para 53 , 54)
A: Yes, agreed

[36] It was also shown to the Court that out of 11 columns for the Manager's comment, COW-2 only commented on 4 column and even failed to rate one of the columns in the assessment. The Court is of the view that since COW-2 did not provide details of the assessment ratings in 7 out of 10 Manager's column and failed to rate one of the column in the assessment, the incomplete and improper rating by COW-2 has actually resulted in the unfairly overall ratings given to the Claimant and subjected him to undergo a PCP. The incomplete and improper rating by COW-2 also implies that possibly the reason why COW-2 did not commented and specified details in 7 Manager's column because there were no valid details facts and figures to substantiate her "partially effective" ratings on the Claimant who was under her supervision only for 4 months when she conducted the year end review.

[37] The Court is of the view that the Claimant was not warned about his poor performance right from the mid

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