PETALING JAYA: A project manager specialist in a leading telecommunications company was awarded RM703,664 in compensation after the Industrial Court ruled his dismissal for poor performance was without just cause or excuse.

In an award dated July 16, the Kuala Lumpur Industrial Court noted that Ng Keng Seng’s performance had never been appraised as “unsatisfactory” throughout his 25-year stint with the firm.

Court chairman Zulbahrin Zainuddin instead found that between 2017 and 2019, Ng’s employer, Maxis Broadband Sdn Bhd, had said his performance “partially meets expectations” (PME).

The court also noted that Ng’s annual evaluation reports over the three years neither provided reasons for the PME rating nor listed weaknesses in the performance of duties to warrant a dismissal.


Instead, Zulbahrin said that despite being rated PME, the company had in the three reports recorded its thanks to Ng for his “contribution” and “commitment”. The court also noted that Ng had received RM26,132 as a “token of appreciation” for his efforts.

According to evidence led in court, Ng was placed on a three-month ad-hoc performance improvement plan (PIP) on Sept 1, 2020 following his three consecutive “PME” ratings.

However, Zulbahrin found that this requirement was only implemented in January 2021. Prior to that, only those appraised as “unsatisfactory” would be placed in the PIP programme, he said.

“The court took note that there was no attention to detail or uniformity on the part of management in its application of the correct PIP policy to the claimant (Ng), which had confused and impacted him greatly as the company’s error resulted in his termination without just cause or excuse,” the award read.

According to Zulbahrin, Ng’s immediate superior, Macy Ho, testified that the decision to place him under the PIP programme was made by the company’s human resources department although it had no direct dealings with him on work matters.

Under the terms of the PIP, Ng was given 12 deliverables to accomplish over and above his core duties. The company said this was aimed at improving his performance.

Zulbahrin, however, noted that Ng had written to management questioning the timing of the PIP.


Ng had said that 2020 was a challenging year, and that the Covid-19 pandemic required various changes to be made to existing work processes.

The court noted that Ng also expressed concern about his workload, especially with his department introducing a new core network to add capacity and partnering with a new vendor.

Ng had also expressed concern that the PIP programme had been imposed on him during the busiest period of the year, Zulbahrin added.

“The unclear PIP programme caused Ng hardship and affected his concentration when carrying out his daily duties. It also impeded the performance of his essential duties,” the award read.

As a result, Ng failed all three appraisals and was told that his services would be terminated with effect from Feb 28 the following year.

However, Zubahrin found that the PIP deliverables had obstructed Ng’s discharge of his core duties and was not designed to improve his performance.

“On the contrary, it had the tendency to burden the claimant, causing him to fail, and providing the company with an avenue to terminate his services,” the award said.

Ng joined the company as network management control system operator in 1995, drawing a monthly basic salary of RM2,400. He eventually assumed his current post, earning RM15,920 per month when his services were terminated in 2021.

Ng was awarded 24 months’ back wages, which after a 20% deduction for post-dismissal earnings, amounted to RM305,664. He was also given one month’s pay for each of his 25 years of service, totalling RM398,000, as compensation in lieu of reinstatement.

Patrick Tan appeared for Ng, while Maxis was represented by Janice Anne Leo, Adrienne Sena and Gurjeevan Singh Sachdev.


Some of my colleagues frequently speak badly about me.

But I think I'll just send this message to all known colleagues through WhatsApp...











This post has been edited by plouffle0789: Jan 6 2025, 02:06 AM

Why so many space. Cannot enter once only issit

in simple term -- Big Brother is watching you -- Kim Bang Non style

yes, my daughter also skip step 2, from step 1 terus step 3

usually dont need warning to go into PIP
and very often when people get PIP, they are almost sure to be terminated, many will start looking for job and leave even before PIP is complete.
rarely people come out of PIP scratchless, unless it is for wayang type, where there is a certain percentage of people that needs to go thru (bell curve) thing.

pip itself is usually the warning already

kesian TS..

but if already in PIP... standby to be kicked out sooner or later...

PIP is only an excuse and documentation proof for your future dismissal. So that they have bullets to shoot you with you unable to countersue or lodge complaint for unfair dismissal.

Sure some people do complete their PIP supposedly unscathed and continue working but those are more exception than norm. Chances are they already have the target board on their backs and is placed in fridge for any consideration for BIP.

If you really intended to climb up further in your career, then it's time to make a jump if you kena PIP. Even if you like the company/culture/environment or whatever benefits, you jump out first. Go a few other companies and build your value then you can go back to that company with a different role or position. But chances are once you're out, you won't want to go back there because the grass is always greener on the other side.

Eh isn’t tS always posting about sg PR? take note if you kena pecat need to find a new job asap or it will negatively affect your future PR renewal

u spent too much time in /k.

Usually once kena PIP, better to spend the time looking for a new job. Simply put, even if because of the bell curve, it means that the person is the lowest on the totem pole.

Company do not have step 2 or just your daugther kene skip step 2?

PR renew 5 years later......

Any severance paid after failing PIP?

Or that's what mnc do to fire staffs without compensation?

Whatever PPIP it's time find a new job

/k so many underperforming staff but still spend so much time on /k

standard SOP to goreng staff.

its not a good thing buddy

From my exp when kena PIP means they already target you. Just a matter of time.

Normally when PIP happens, they hope you will just resign then management happy. No need pay compensation.

Better start looking for new job because even if PIP pass, they will still find fault from somewhere else.