Wan Afrah JC:

The Parties

[1] The parties to this application are Hartalega Sdn Bhd (hereinafter referred to as "the applicant") and Shamsul Hisham bin Mohd Aini (hereinafter referred to as "the respondent").

Facts Of This Case

[2] Briefly the facts of this case are that on 24 April 2000, the respondent was employed by the applicant. The respondent was employed as a System Support workman subject to a probationary period of three months. Upon expiry of the probationary period, the respondent was not confirmed and was released from his employment by the applicant. The respondent was correspondingly informed by a letter dated 24 July 2000 that his performance did not meet the standards required by the applicant.

[3] Pursuant to representations made by the respondent under s 20(1) of the Industrial Act 1967, the Honourable Minister of Human Resources referred his dismissal to the Industrial Court (hereinafter referred to as "IC") under s 20(3) of the Industrial Relations Act 1967. The reference was then registered as IC case No 7/4-447/01.

[4] On 25 July 2002, the IC in it's Award No 629 of 2002, awarded the case in favour of the respondent. In the said award, the IC ruled