Inefficiency

As stated by the Industrial Court in Austral Enterprises v. Samsuddin bin Mat Amin (IC Award No: 47/74), perfection was not expected of the Applicant in the discharge of his duties, but reasonable competence was. The Court of the view that inefficiency which discloses a course of negative conduct is a sufficient ground for termination, and the evidence in this case establishes a pattern of workmanship which the Estate management (employer) decided it could no longer afford to suffer.  Incopetency a ground for dismissal; indeed, inaptitude resulting in failure to perform the duties of the services, destroys the whole reality of the contract from the point of view of the employer.  It must be remembered that the vast majority of employees make their employer acts bona fide, i.e. if he or she is genuinely discontented with an employee, he or she is quite entitled to give notice of termination.