The representations made by the claimant was to the effect that having been appointed the company's senior marketing development manager by a letter of appointment dated 2 May 1997 (Exh. COA1), he was terminated vide company's letter of termination (COA3), effective 24 July 1997. Which termination according to the claimant amounted to a dismissal without just cause or excuse.

The company on the other hand contends that "the claimant was contracted on the basis of a three (3) month's probation period pursuant to a contract between the company and the claimant dated 2 May 1997", so that the company was entitled to give two (2) weeks' notice of termination during the probation period.

The main thrust of the company's case as evinced by their pleadings in paras. 6, 7 & 8 of the statement in reply are two-fold.

The first of which the company contends that since the claimant had not been confirmed at the time of his termination, and was still a probationer, therefore he was not a workman or employee within the meaning and provisions of the Employment Act or the Industrial Relations Act 1967.

It is well settled law that the question whether a person is a workman within the ambit of the indust

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