AWARD

Zulhelmy Hasan:

Reference

[1] This is a reference by the Honourable Minister of Human Resources pursuant to s 20(3) of the Industrial Relations Act 1967 arising out of the alleged dismissal of Froz Khan Bin Shahul Hameed (hereinafter referred to as "the claimant") by Exni Railway (M) Sdn Bhd (hereinafter referred to as "the company") on 31 March 2020.

Factual Background

[2] The claimant was offered an employment with the company as Business Development Manager for a fixed term contract of twelve months vide Letter of Offer for A Fixed Term Employment Contract dated 13 September 2019 (at pp 3-9 of CLB-1) with a basic salary of RM7,800.00 per month and a fixed hand phone allowance of RM200.00 per month. Upon accepting the Letter of Offer, the claimant was instructed to report for duty at the company on 1 October 2019. The employment with the company shall subject to probation period of three months.

[3] During the probation period, either party may terminate the employment with the company by giving one month prior notice in writing to the other party. Confirmation of the claimant's employment with the company shall subject to the claimant's satisfactory performance during the prob