INDUSTRIAL COURT KUALA LUMPUR
THURKA THEVI MOHAN – Appellant
Versus
ACE GREENCEMT VENTURE (M) SDN BHD – Respondent
AWARD
Reference
[1] This is a reference by the Director General Industrial Relations Department of Ministry of Human Resources dated 4 April 2023 under s 20(3) of the Industrial Relations Act 1967 in respect of the termination of Thurka Thevi A/P Mohan (hereinafter referred to as "the Claimant") by the respondent Ace Greencemt Venture (M) Sdn Bhd (hereinafter referred to as "the Company") on 25 August 2022 in order for this court to hear and determine the case and a final award be handed down.
Factual Matrix
[2] By a Letter of Employment dated 25 January 2022, the Company had offered and the Claimant had accepted the position as a Logistic Executive with the Company with a basic salary of RM3000 per month, subject to the terms and conditions stipulated in the letter of Appointment, inter alia as follows:
a. the claimant shall be placed on probation for a period of 6 months, during which mid-probation review will be conducted in 3 months. The Letter of Appointment also contained the following clause in relation to the termination of the Claimant's employment. "During the period of probation, your employment can be terminated at any time either side giv
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