The Claimant’s behavioural and performance expectation issues Sample Clauses

The Claimant’s behavioural and performance expectation issues. [61] The Claimant contends that the allegation of her behaviour not being aligned with the requirements under the CIMB Fusion Programme was never stated in CIMB’s letter of 10 August 2015 (at p. 73 of COB-1(P)) and further that the Company had failed to provide a prior warning letter to the Claimant and did not take the initiative to find out whether CIMB’s allegations were true. [62] COW-4 however explained that the Claimant, at the material time, was still an employee of CIMB and as such it was not for the Company to interfere with CIMB’s actions. She further testified that the Company trusted CIMB’s judgment in doing the necessary according to their performance management system and to assess the performance accordingly. The Court does not find anything amiss in the stand taken by the Company, taking into account they were not the Claimant’s employer at the material point in time. [63] With regards to the Claimant’s contention that no warning letter was given to the Claimant pertaining to her alleged behavioural and performance issues, this Court is of the opinion that a strict requirement of warning applicable to permanent employees would not be suitable for the case at hand. In this case, the Claimant was a trainee. Her employment with either the Company or CIMB was not even guaranteed at that point in time, as it fell to be assessed at the completion of the entire CIMB Fusion Programme. As such, the principles enunciated in Ireka Construction Berhad
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