COURT OF APPEAL PUTRAJAYA
BENNETT SUBASH PETER – Appellant
Versus
BON TON SDN BHD – Respondent
| Table of Content |
|---|
| 1. appeal against high court's quashing of industrial court's decision. (Para 1 , 2) |
| 2. dismissal during probation must be justified and without just cause. (Para 3 , 4) |
[1] The appellant appeals against the decision of the High Court which quashed the decision of the Industrial Court. The decision of the Industrial Court was in favour of the appellant.
[2] The facts of the case are quite straightforward. The law is also well settled. However, the learned High Court Judge chose to interfere in the decision of the Industrial Court on a matter related to findings of fact. After hearing the appellant and the respondent, we took the view that the appeal must be allowed and the decision of the High Court must be set aside in limine.
Brief Facts
[3] The appellant was employed as a manager by the respondent at a salary of RM10,000.00 per month. The probation was for a period of three months. There was no misconduct on the part of the appellant in his work assignment though there was evidence to suggest that some of the staff were not happy with the way he managed them. The respondent terminated the employment during the probation period.
[4] The Industrial Court found that the a
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