Reference

[1] This is a reference dated 5 January 2020 made by the Minister of Human Resources pursuant to subsection 20(3) of the Industrial Relations Act 1967 [Act 177] arising out of the dismissal of Johan Arriffin Bin Abd Samad ("the Claimant") by Institute for Development Studies (Sabah) ("the Company") on 31 May 2019.

Brief Facts

[2] The Claimant was appointed as Acting Chief Executive Officer at Institute for Development Studies (Sabah) ("the Company") on 1 December 2018. Acording to the Claimant the Company later appointed him as the Chief Executive Officer on 1 April 2019 until his dismissal on 31 May 2019. The letter of appointment (pages 1016 CLB1) is the employment contract between the Parties since it spells out all the terms of the employment. The letter of Non-Confirmation (p 205 CLB1) is dated 3 June 2019 and states that his last day of employment is 31 May 2019, which happens to be the last day of his probation period.

[3] The Company states in the Statement in Reply that the Company terminated the Claimant due to him being unsuitable for confirmation at the end of the probation period. Based on the letter of confirmation the Company all but a