Decision is yours. But as a precaution you should follow certain basics right. Conduct/obtain a 'self appraisal' or performance review based on the assignments given to her. Obviously will be found wanting, there upon issue a directive 'to improve' lest open to termination as per the terms. Then, better conduct another review after a month or so and record the outcome, and proceed which will strengthen the procedure & natural justice of giving her an opportunity to improve, if she really minds.
26th March 2019 From India, Bangalore
She is working for some other company and she terminated from her last job too with same reasons.Giving her chance is like we ourselves given her chance to spoil others more.Even in that performance also she proved poor and messaging MD and calling him in odd times to discuss the things and complaining on HR which is not right way to proceed. Considering all we have taken the decision.
28th March 2019
In proceeding with an intended 'termination' an employer is bound by law that a formal procedure is adopted in order to face legal challenges as and when raised. When a litigation is raised by the charged employee, an employer has to be armed with foolproof document(s)ation to defend the punitive action ultimately taken by them. This is the fundamental requirement of an IR/HR official at the helm of affairs. The argument that the services of charged employee in her past also has no locus standi so far as the action taken by the present employer is concerned. Once documentation is accomplished as required by law to meet the natural justice your job is half done. We have come across many judgments went against the action of employers just because due diligence of natural justice is not administered to the extent required as per law. You are free to take a decision but you can be successful only when enough care is taken those decisions capable of standing the test of law.
28th March 2019 From India, Bangalore
You well can terminate, as substantial ground is existing to act upon. The termination should be on ground of absetism and not meeting the expectation as per job responsibility.
29th March 2019 From India, Mumbai
30th March 2019 From India, Kochi