Problem
Hyun Bin is a Senior Operation Manager in Shinhan Sdn. Bhd. Five years ago, he was assigned one lady employee, Jie Eun, to be his secretary in the company. Previously Jie Eun had been the personal assistant to the Managing Director but when he retired, Jie Eun was transferred to Hyun Bin's department. Recently, due to a number of reasons, he feels that he no longer requires the service of the secretary. Hyun Bin comes to see you to ask your advice on what circumstances can be used to terminate the secretary's employment. He said that he can think of several i.e.:
1. Redundancy: Hyun Bin no longer requires such a position as the company can employ part-time secretarial services at a cheaper cost. He can also delegate Jie Eun's current work to other executives in his department and he is sure Jie Eun's workload can be equally shared by the other staff.
2. Poor performance. Lately Hyun Bin noticed that Jie Eun has not been performing as well as before. She forgot to schedule a few meetings, was late in submitting reports and the reports often contain errors. One time she even sent Hyun Bin a wrong file for an important presentation that caused him serious embarrassment in front of his clients. However due to her age, he did not wish to argue with her at those times, so he just let the matter be, hoping she would not commit any more mistakes.
3. Retirement: She is 58; although her employment contract does not have any provision on retirement age, can the company ask her to leave when she turns 60? Or can Hyun Bin persuade Jie Eun to tender her resignation instead?
Advice Hyun Bin on the legality and feasibility of each of the circumstances that he proposed above based on the general principles of labor laws and industrial relations. To wrap up your arguments, advise Hyun Bin whether he may or may not actually terminate Jie Eun's employment as secretary in the company.