[2017] 1 MELR 482
Industrial Court, Johor
Duncan Sikodol
Award No: 167 Of 2017 [Case No: 16/4-664/16]
Duncan Sikodol

Dismissal : Probationer - Pleadings - Allegations of misconduct and poor performance not particularised in pleadings - Whether company's pleadings defective and bad in law for non-disclosure of material particulars - Whether prejudicial to claimant's defence - Whether dismissal with just cause or excuse

The claimant joined the company as a probationer holding the position of Accounts Executive. Subsequently, the claimant received a termination letter from the company terminating her services, without giving any reasons. The claimant contended that her dismissal was without just cause or excuse. The company pleaded that the claimant was terminated from service due to her poor discipline and work performance. Further, despite various reminders and verbal warnings provided to her, the claimant persistently failed to come to work on time.


(1) It is an entrenched rule of Industrial Jurisprudence that an employee on probation enjoys the same rights as a permanent or confirmed employee, and his or her services cannot be terminated without just cause or excuse. (para 12)

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