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2008 MarsdenLR 1751

INDUSTRIAL COURT, KUALA LUMPUR
LEE YOON KIM – Appellant
Versus
MALAYSIAN BULK CARRIERS BHD – Respondent


AWARD

The Ministerial reference pursuant to section 20(3) of the Industrial Relations Act 1967 required the Court to hear and determine the claimant's complaint of her dismissal by the respondent on 15th March 2006.

The respondent carries on business as ship brokers and ship managers. On 9th May 2005 the claimant was taken into employment on probation as an accounts executive. Her probation was extended twice and ultimately, by letter dated 6th March 2006 the respondent notified her of their decision not to confirm her employment and that her last day would 15th March 2006. The termination letter (COB-30) is reproduced:-

"MALAYSIAN BULK CARRIERS BERHAD (Company No. 175953-W)
Level 17, PJ Tower,No. 18, Jalan Persiaran Barat, Off Jalan Timur,46050 Petaling Jaya, Selangor, Malaysia.Tel: 603-79661688 Fax: 603-79661628Telex: MA 36419 ALAMCOCable Address: PACSHIP Petaling Jaya.
6 March 2006MS LEE YOON KIM- Present -Dear Yoon Kim,RE : ACCOUNTS EXECUTIVEWe refer to our letter of employment dated 5 April 2005 and the subsequent letters of 8 December 2005 and 7 February 2006, extending your probationary period, respectively.We note with regret that your performance at work has not been satisfact


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