JUDGMENT

Shaik Daud Ismail JCA:

The High Court allowed an application by the respondent for certiorari and quashed the award of the Industrial Court on the ground that that Court lacked jurisdiction.

The appellant joined the services of the respondent on 2 May 1991 as an administrative assistant and was placed on three months' probation At the end of her probationary period on 31 July 1991, she was dismissed on the ground that she had "not met the standard requirements for confirmation." She contends that she was unfairly dismissed and her representation was eventually referred to the Industrial Court under s. 20(3) of the Industrial Relations Act 1967 ('the Act') by the Minister of Human Resources.

After hearing evidence from both the appellant and the respondent, the Industrial Court concluded that her dismissal was without just cause or excuse, but instead of ordering reinstatement as prayed for, the Court awarded her compensation of nine months arrears of salary.

In the High Court, the respondent contended that the appellant being a probationer was not a workman within the meaning of s. 20(1) of the Act and that therefore the Industrial Court had no threshold jurisdiction to