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INDUSTRIAL COURT KUALA LUMPUR
CHONG SIEW YEE – Appellant
Versus
RNB ENGINEERING (ASIA) SDN BHD – Respondent
| Table of Content |
|---|
| 1. dismissal process needs concrete evidence and justifications. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 2. court framed dismissal issues as a question of just cause. (Para 13 , 14 , 15) |
| 3. establishes rights of probationers and burden on employers. (Para 16 , 19 , 20) |
| 4. employers must substantiate grounds for dismissal adequately. (Para 21 , 22 , 23 , 24 , 25 , 26) |
| 5. compensation determinations are based on circumstances. (Para 27 , 28 , 29 , 30) |
Reference
[1] The reference under s 20(3) of the Industrial Relations Act 1967 by the Honourable Minister of Human Resources Malaysia, is regarding the dismissal of Chong Siew Yee ("the Claimant") by RNB Engineering (Asia) Sdn Bhd ("the Company") on 28 February 2020.
Brief Facts
[2] The Claimant commenced her employment with the Company as an Accounts Officer on 4 February 2020 and was placed under probation for three (3) months from 4 February 2020 until 4 May 2020.
[3] Vide a letter dated 27 February 2020, the Claimant's employment with the Company had been terminated on the grounds of poor work performance effective 28 February 2020.
The Company's Case
[4] The Company avers that it has the full
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