INDUSTRIAL COURT, KUALA LUMPUR
TAMCO CORPORATE HOLDINGS SDN BHD – Appellant
Versus
KUMARAVELU KATHIRVELU – Respondent
AWARD
The dispute between the claimant and the company arose out of the dismissal of the claimant by the company on 31 March 1998.
The claimant commenced employment with the company as an applications assistant on 1 July 1997. He was required to undergo a probationary period of three months from the date of his commencement of employment. On 24 September 1997 the company extended his probation period "to a further period of up to three months effective 1 October 1997". And on 12 December 1997 the company once again extended the claimant's probation period for "another three more months effective from 1 January 1998". The claimant in his statement of case alleges that the company summarily terminated him without just cause or excuse and with immediate effect by letter dated 20 March 1998 but the company in response states that the claimant's employment was in fact terminated due to non-confirmation vide their letter dated 21 January 1998 (COE1) as claimant's work performance was below expectations. The claimant's last day was to be 23 January 1998 but following appeals by claimant to remain in employment until the end of March as he had another job offer then, the company agreed to le
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