AWARD

Amrik Singh:

Reference:

[1] This is a reference made under subsection 20(3) of the Industrial Relations Act 1967 arising out of the dismissal of Muhammad Azim Bin Ab Rahim (hereinafter referred to as "the Claimant") by Aerodyne Geospatial Sdn Bhd (hereinafter referred to as "the Company") on 29 October 2021.

Background

[2] The Claimant commenced employment with the Company on 2 August 2021 as a Senior Manager, Marketing and Communications (SMMC) subject to an initial probationary period of three (3) months and an extension of three (3) months with a monthly salary of RM9,000.00 vide the letter of appointment dated 11 June 2021.

[3] Towards the end of the initial three (3) months probationary period in the position, the Claimant was notified that his performance did not meet the Company's expectation and he failed to demonstrate the necessary leadership required of him in the Marketing and Communications job scope during his probation.

[4] Instead, the Company offered the Claimant a new position as Manager, Digital Marketing (MDM) with an adjusted monthly salary of RM5,800.00.

[5] In declining the offer, the Claimant sent an email to the Company on 25 October 2021 stating as follows