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2019 MarsdenLR 551

INDUSTRIAL COURT PENANG
NAIMAH SHAHABUDDIN – Appellant
Versus
FUJI LOGISTICS (M) SDN BHD – Respondent


Petitioner Advocates:Muhamad Firdaus Othman,Navinder Kaur Jessy ,Respondent Advocate: Dato' Dr Aswandi Hashim

Table of Content
1. definition and implications of probation. (Para 17)
2. final ruling on termination and relief. (Para 18 , 19 , 22)
3. burden of proof lies with the employer to justify dismissal reasons. (Para 20 , 21)
4. award of compensation reflects losses incurred due to improper termination. (Para 23 , 24)
5. compensation awarded for wrongful termination. (Para 25 , 26 , 27)

[17] The meaning of the probation cleared explained in the case of Fakir Abdul Jalil Pakir Mohamed v. Shell Refinery Co Bhd (Award No. 20 of 1974) the Federal Court held:

"The dictionary meaning of "probation" is given as the "testing of conduct or character of a person" and a "probationer" is one who "is on trial or in a state to give proof of certain qualification for a place or state". The idea of probation in all cases of services contracts is, therefore, a testing of the character and capabilities of the servant on the employer's side, and also a testing of the conditions of service on the employee's part. The period of probation in a service contract can, therefore, be taken as a communication by the employer that in case the employee proves himself, within the period of probation, to the satisfaction of

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