Probationary employees have the same rights as confirmed employees; non-confirmation must be justified and is actionable under unfair labor practices.

[1] The Ministerial reference in this case required the court to hear and determine the claimant's complaint over his dismissal by the company on 8 June 2011. In the midst of the hearing, the court was informed that the company had changed its name to Sun Life (M) Assurance Berhad.

Background

[2] This case was heard by the former learned Chairman Ms Yamuna Menon and the evidence of all the witnesses were taken in the hearing presided by her. Written submissions of the parties and the claimant's reply were filed by 23 March 2015 but upon Ms Yamuna's official retirement from the public service on 18 April 2015, the award of this case had not been handed down.

[3] This case was called up for mention before the Assistant Registrar on 22 May 2015 and 5 June 2015. The learned counsels of both parties said they had no objections for the award to be handed down by another Chairman to be decided by the learned President. Consequently, on 8 June 2015, the former learned President gave instructions for me to hand down this award and the file was then transferred to this court on 10 June 2015. This award is penned and the decision arrived at upon perusal and consideration of the pleadings filed, bundles of documents' filed, witnesses' statements, notes of proceedings and the written submissions of both learned counsels of the claimant and the company. The notes of proceedings taken down by the former Chairman were typed by her former secretary and sent to me and I have read them thoroughly before making this decision. Due to my busy commitments and having to deal with my own awards, I was unable to hand down this award promptly.

Facts

[4] The claimant commenced employment with the company on 5 July 2010 after he was appointed to the position of Talent/Leadership/Culture Lead & Business Partner, Grade 20. The claimant was subject to a probationary period of six months which was subject to an extension of a maximum period of six months (p 2 of the claimant's Bundle of Documents 1 (CLB1)) according to his letter of appointment dated 10 June 2010. The claimant first reported to one Ms Chin Lai Heng, who was then, the Director of Human Resources when he commenced employment with the company. Ms Chin subsequently resigned and left the employment of the company with effect from 1 October 2010 and the claimant then reported to COW1.

[5] The claimant was informed of his non-confirmation in employment by the company's letter dated 8 June 2011 for the reasons stated in the said letter (pp 13 to 15 of the company's Bundle of Documents (COB)). The claimant was notified that he was to be paid the requisite four weeks' salary in lieu of notice as stipulated in his appointment letter, up to 5 July 2011. Paragraphs 1 and 2 of the said letter read:

"1. We refer to the extension of your probationary period on 17 December 2010 and further extension of your probationary period on 16 February 2011. We also refer to the warning letters of 21 March 2011 and 21 April 2011.

2. As you are well aware, the concerns relating to your attitude and unsatisfactory performance in the discharge of your duties and responsibilities have been communicated to you on several occasions during your extended probationary period of employment, the subsequent placement on the PIP and the exchange of correspondence between your superior and yourself between the period of December 2010 through to May 2011. You were placed on a Performance Improvement Plan due to concerns in relation to the level of your performance, such as, inter alia, your inabili