THE Kuala Lumpur Industrial Court has ruled in favour of a former vice president of a company who was terminated for poor performance after being placed on a Performance Improvement Plan (PIP) for six months prior to his termination on June 10, 2019.
Court chairman Syed Noh Said Nazir @ Syed Nadzir found Cliford Lawrence Patrick who was the regional vice president (listings) of MIMS Medica Sdn Bhd since Jan 1, 2018 was wrongfully dismissed without just cause given that the provider of drug data to healthcare facilities failed to prove that he was a poor performer to begin with.
On a bigger picture, Patrick who had been employed in various capacities by the MIMS Group of Companies since 2000 prior to assuming his latest role, has challenged the PIP by claiming that he was not a poor performer and the targets set for him were vague, unreasonable and designed to fail.
On the contrary, the evidence showed that Patrick actually performed and contributed to the growth and success of the company with an unblemished record in his 19 year tenure.
As such, the court found that his dismissal was part of a series of oppressive conduct with mala fide intent to drive the employee out of the company.
In its final conclusion, the industrial court awarded the claimant more than RM2 mil in compensation, consisting of:
- Compensation in lieu of reinstatement: RM52,761 (last drawn salary) x 18 months = RM949,698.00
- Backwages: RM52,761 (last drawn salary) x 20 months = RM 1,055,220.00
“The amount totalling RM2,004,918.00 awarded above less statutory deduction (if any) shall be paid by the company to the claimant through the firm of the claimant’s solicitors within 30 days from the date of this award on April 6,” added court chairman Syed Noh.
The claimant (Patrick) was represented by Donovan Cheah/Lim Zi-Han of Donovan & Ho Advocates and Solicitors while the company (MIMS Medica Sdn Bhd) was represented by P. Jayasingam/Sandeep Singh Sidhu and Jude Pravin of Zul Rafique & Partners. – April 10, 2023
Credit to Focus Malaysia
