Dismissals of probationers do not require prior warning letters as per established industrial jurisprudence, provided the dismissal is justified.

Reference

[1] This is a reference made under s 20(3) of the Industrial Relations Act 1967 (Act 177), arising out of the dismissal of Ahmad Sivakumar Bin Abdullah (hereinafter referred to as - the Claimant') by Aspen Glove Sdn Bhd (hereinafter referred to as "the Company") on 3 February 2021.

[2] The Ministerial reference in this case required the Court to hear and determine the Claimant's complaint of dismissal by the Company on 3 February 2021.

I. Procedural History

[3] The Court received the letter pertaining to the Ministerial reference under s 20(3) of the Industrial Relations Act 1967 on 3 September 2021.

[4] The matter was fixed for mention on 18 November 2021, 11 January 2022, 7 March 2022 and 22 August 2022.

[5] The trial proceeded on 5 October 2022, 6 October 2022 and concluded on 21 October 2022.

II. The Parties' Position On The Merits

a. The Claimant

[6] The Claimant commenced employment with the Company on 3 December 2020 as Vice President, Quality Assurance. He was required to serve a probationary period of 6 months, and a further period of 3 months if necessary. His total monthly remuneration was RM24,150.00, ie basic salary of RM23,000.00, transport allowance of RM1,000.00 and handphone allowance of RM150.00.

[7] The Claimant's services in the Company was terminated vide a Notice Following Probationary Period Assessment letter dated 2 February 2021 with effect from 4 February 2021, with the reason being - "further continuation of your service to Aspen Glove Sdn Bhd is not mutually sustainable". The said Notice was signed by the Managing Director, En Iskandar Basha Bin Abdul Kadir (COW-1).

[8] Prior to the date of the Notice, the Claimant had not received any warning, be it oral or in writing. There was also no Domestic Inquiry held against him.

[9] The Claimant contends that he has vast experience in the Quality Assurance and Control and consultancy experience in the manufacturing of medical examination grade gloves for export to the United States of America for the past 23 years. During 1998 to 2014, the Claimant's duty included approving and qualifying medical examination gloves for various Malaysian/Thailand/Indonesian manufacturers for export to the US market. His exposure in the Glove Product Development was part of his scope in his previous employment.

[10] The Claimant further contends that his personal background is as follows:

i. Advanced Diploma in Electronics Engineering - Upper class Grade 1 (1981-1984);

ii. Prior to his employment in the Company, he was interviewed by COW-1 in excess of 3 hours on 11 October 2020;

iii. He tendered his resignation from his previous permanent job in Smart Glove Corporation, Meru, Klang for better prospects;

[11] The Claimant contends that his termination was done by the Company without just cause or excuse and prays to be reinstated to his former position without any loss of benefits.

b. The Company

[12] The Company is a subsidiary of Aspen (Group) Holdings Ltd, a public listed company in Singapore ("Aspen Group").

[13] In August 2020, Aspen Group ventured into rubber glove manufacturing business as a move to diversify from its property development business and therefore the Company was formed for this purpose.

[14] At the material point in time, the Company targeted to begin production in April 2021 and therefore the Claimant was employed by the Company to hold the position of Vice President, Quality Assurance. The Company contends that the Claimant's last drawn salary was RM23,000.00.

[15] The Company contends that the Claimant was dismissed from the Company due to the Claimant not having achieved the required level of performance. He had held a managerial position and had been fully aware of the standards that had been expected of him and whether he had ach