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1995 MarsdenLR 350

INDUSTRIAL COURT, KUALA LUMPUR
INTER PACIFIC DEVELOPMENT SDN. BHD. – Appellant
Versus
MAT JUHARI BIN HUSSEIN – Respondent


AWARD

The claimant was employed by the company as a junior town planner on 1 August 1990. Vide para. 5 of his letter of appointment (Exhibit CLCI) he was placed on probation for 6 months. The claimant's probationary period would have expired on 31 January 1991.

By a letter dated 1 February 1991 (Exhibit CO3) which was received by the claimant on 30 March 1991 the claimant was informed that his probationary period had been extended by a period of 3 months commencing 1 February 1991. By another letter dated 1 May 1991 (Exhibit CL2) which was received by the claimant on 15 May 1991, the claimant was again informed that his probationary period was extended by a further period of 3 months commencing 1 May 1991.

By a letter dated 31 July 1991 (Exhibit CO6) the claimant was informed that the company was not confirming him in his appointment. Pursuant to cl. 5 of the letter of appointment, the company terminated the claimant's employment by giving him 2 weeks salary in lieu of notice. The claimant was further informed that he shall cease to be an employee of the company with effect from 1 August 1991.

The claimant contends that the termination of his employment was without just cause or excuse

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