AWARD

Amrik Singh:

Reference

[1] This is a reference by the Minister of Human Resources made under s 20(3) of the Industrial Relation Act 1967 (Act 177)("the Act") arising out of the dismissal of Lee Weng Leong ('the Claimant') by Syarikat Pembenaan Yeoh Tiong Lay Sdn Bhd ("the Company") on 20 July 2020.

The Salient Facts

[2]Vide an Employment Agreement (EA) dated 30 September 2019, the Claimant was employed by the Company as a HR Manager effective 7 October 2019 for a fixed term period of 2 years and was subjected to a probationary period of 6 months. The Claimant's job function involves and relates to training programs During the probationary period, the Company observed that the Claimant could not achieve the satisfactory standard of performance required of him given the knowledge, skills and experience that he claims to possessed. The Claimant's probationary period was then extended for 1 month whilst placed under a Performance Review and Improvement Plan ("PIP").

[3] The Company found that the Claimant had still not perform to its expectation even though the Claimant did conduct some training programs during the PIP period resulting in the Company not confirming the Claimant's posit