industrial court malaysia - Malaysian Legal and Tax Information Centre

Our decision to terminate your contract is premised on the following:-
1. We have examined your performance in the position of Chief Commercial
Officer and measured the same against the job size and deliverables. It is
evident to us that either your performance does not meet the expectations
of the Company in terms of the market position we seek or there is a need
for us to review the viability of the said position and to approach the
marketing requirements and solutions differently. The details of this have
been discussed previously and/or are a matter of record.
2. We have taken the above into account during the general review of the
organizational structure. In line with the above we have decided to devolve
the commercial and marketing functions. It is our view that these steps are
necessary in order to provide a more effective marketing and commercial
solution. It is clear to us that the current arrangements do not adequately
meet the Company's requirements in a market environment that is only
expected to become more and more challenging in the foreseeable future.
3. As a result of this review we have decided to abolish the position of Chief
Commercial Officer in its present form.
4. We had attempted to explore alternative positions with you and this had
been communicated previously with. It is evident that these have been
rejected. We deny the suggestion that this was put to you out of the blue
and we are unable to agree with your characterization of your performance
which does not represent the true position. It is our position that you have
been duly appraised of the unfolding events that have culminated in the
above decision.
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