The Letter of Dismissal for Poor Performance is a critical document used in Malaysian employment contexts when terminating an employee's service due to documented performance deficiencies. It must comply with Malaysian employment legislation, including the Employment Act 1955 and Industrial Relations Act 1967, and typically follows a series of documented performance improvement attempts and formal warnings. The letter serves multiple purposes: it formally communicates the termination decision, documents the performance-based grounds for dismissal, outlines the notice period and final entitlements, and helps protect the employer against potential unfair dismissal claims by demonstrating procedural fairness. This document should be prepared with careful consideration of legal requirements and internal HR policies to ensure it provides a clear, comprehensive, and legally compliant record of the termination process.
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1. Letter Date and Address Block: Formal letter heading including date, employee's name and address
2. Subject Line: Clear indication that this is a termination notice
3. Employment Details: Reference to position, department, and employment start date
4. Notification of Termination: Clear statement of employment termination with effective date
5. Grounds for Dismissal: Specific performance issues and failures to meet required standards
6. Reference to Previous Warnings: Summary of prior performance improvement plans, warnings, and opportunities given
7. Notice Period Details: Information about notice period or payment in lieu of notice
8. Final Payment Information: Details of final salary, outstanding benefits, and statutory payments
9. Company Property Return: Instructions for returning company assets and properties
10. Closing Statement: Formal closing and signature block
1. Garden Leave Provisions: Include when the employee is to be placed on garden leave during the notice period
2. Post-Employment Restrictions: Reference to existing confidentiality obligations or restrictive covenants if applicable
3. Continuation of Benefits: Details of any benefits that continue post-termination, if applicable
4. Exit Interview: Information about exit interview arrangements if company policy requires it
5. Appeal Rights: Information about internal appeal procedures if company policy provides for this
6. Reference Policy: Company's position on providing future employment references
1. Performance Review Records: Copies of relevant performance evaluations and reviews
2. Warning Letters: Copies of previous warning letters or performance improvement notices
3. Final Payment Calculation: Detailed breakdown of final payment including salary, benefits, and statutory payments
4. Company Property Checklist: List of company assets to be returned
5. Performance Improvement Plan History: Documentation of performance improvement plans and outcomes
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