The court affirmed that a training programme did not constitute an employment contract, and the expiration of fixed term contracts negated claims of unjust dismissal.

Introduction

[1] This judgment concerns two applications for judicial review that emanated from two separate awards of the Industrial Court i.e Award No 4 of 2021 [[2021] MELRU 4] and Award No 5 of 2021 [[2021] 1 MELR 482] handed down on 4 January 2021. The Industrial Court had dismissed the claims of dismissal without just cause and excuse in both proceedings in which the awards were made.

[2] The judicial review applications were commenced by Yong Pui Yee, the applicant (at times referred to as trainee in certain documents) in both the failed proceedings before the Industrial Court. The applications are:

(i) Application for Judicial Review No WA-25-143- 04/2021 against Award No 5 of 2021 [[2021] 1 MELR 482] wherein CIMB Investment Bank Berhad ("CIMB" or the "Company") is the respondent; and

(ii) Application for Judicial Review No WA-25-146- 04/2021 against Award No 4 of 2021 [[2021] MELRU 4] wherein PricewaterhouseCoopers ("PwC" or "the Firm") is the respondent.

[3] In this judgment, the two applications are collectively referred to as "the applications" unless separately referred to. The applicant claimed against both CIMB and PwC for dismissal without just cause and excuse under s 20 of the Industrial Relations Act 1967 ("the Act") at the Industrial Court. As strange as it sounds, the applicant had made claims of unjust dismissal against two different employers. The applicant has her reasons for taking this course of action and this will be revealed below. The claims were heard together at the Industrial Court thus the applications being heard together before me at the request of the parties.

[4] In the judicial review applications, the reliefs sought were the same and are as follows:

(i) an order of certiorari to quash the awards ie Award No 4 of 2021 [[2021] MELRU 4] and Award No 5 of 2021 [[2021] 1 MELR 482] respectively; and

(ii) in the event the awards are quashed, an order of mandamus for the awards to be remitted back to the Industrial Court for a rehearing before another division of the Industrial Court.

[5] On 13 March 2023, I dismissed both applications.This judgment contains the full reasons for my decision.

The Salient Facts

[6] CIMB and PwC came up with a programme known as the 'CIMB Fusion Programme with PricewaterhouseCoopers' (for convenience referred to as "the Programme" unless stated otherwise). The Programme allows a graduate to gain experience with two employers of different sectors under a training scheme. During the duration of the Programme the trainee would be employed first by PwC as an associate for a period of 21 months ("1st milestone"), followed with CIMB as an assistant manager for 18 months ("2nd milestone") and finally with PwC as an associate for 12 months ("3rd milestone") - a total of 4 years. At the end of the 4 years, the trainee may be offered employment at PwC or CIMB.

[7] PwC on 4 April 2012, by way of a letter of offer, offered the applicant a fixed term of employment as an associate commencing 18 September 2012 until 30 June 2014 under the Programme ("the PwC letter of offer"). Attached to this letter, were the memorandum of terms and conditions of employment as well as the Programme document. The applicant was told that if she accepted the offer she was to sign and initial a second copy of the PwC letter of offer and return