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1999 MarsdenLR 732

JUDGMENT

Azmel Maamor J:

The applicant in this application was appointed as a teacher in Sekolah Kanak- Kanak Pekak Selangor, (respondent No. 1) with effect from 12 June 1995. She was, however, dismissed on 26 March 1996 while still undergoing the period of probation. According to the letter of offer she was to undergo a period of probation between 3 months and one year before she could be confirmed in her post. In the event she could not be confirmed during that probationary period her services might be terminated or further extended for a maximum period of 3 years. The Applicant was dismissed after having served the school for a period of just over 9 months.

As a result of her making representations for wrongful dismissal to the Industrial Relations Department under s. 20(1) of the Industrial Relations Act 1967 , her matter was referred to the Industrial Court for an award. At the hearing the Industrial Court ruled that the dismissal of the applicant by respondent No. 1 was with just cause and excuse and as such her dismissal was upheld. The reasons for such ruling are contained in the Industrial Court Award No. 254 of 1998 dated 23 May 1998.

It was against this award of the

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