AWARD

Duncan Sikodol:

Brief Background Facts

[1] The claimant joined the company as a probationer on 9 March 2015 holding the position of Accounts Executive. On 16 October 2015, the claimant received a termination letter from the company terminating her service, without giving any reasons. At the time of dismissal, her last drawn salary was RM3,000.00.

[2] The claimant now contends that her dismissal by the company was without just cause or excuse. She therefore seeks to be reinstated to her former position or be given compensation in lieu of reinstatement.

[3] The company in its reply however states that the company has the right to terminate the claimant's employment and that the claimant has acknowledged receipt of RM4,500.00 being payment in lieu of one month notice.

The Law

[4] In the often cited case of Milan Auto Sdn Bhd v. Wong Seh Yen [1994] 2 MLRH 592; [1994] 2 MLJ 135, the duty of the Industrial Court in dismissal cases on a reference under s 20 was stated by His Lordship Mohd Azmi FCJ as follows: