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 right to end the Claimant's contract of employment based on the Letter of Employment dated 4 February 2020 wherein immediate termination is allowed within the first one (1) month of the probation period.

[5] It was also the Company's contention that the Claimant had displayed erratic and unfriendly behavior during work hours as reported by Tan Chi Yee, Mechanical and Engineering Project Manager (CY).

The Claimant's Case

[6] The Claimant was informed by the Headquarters to report