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Ms Teh
22/07/2009 09:21:22
Re: Jabatan Perhubungan Perusahaan

I have a staff with salary RM2000 was terminated in 31/May recently. His probation started from 01/10/2008 and end on 31/03/2009. But due to his bad performance we extended his probation for another 2 months(01/04/2009 - 31/05/2009).

He injured his right arm during the probation period and took MC from 14/04/2009 - 26/05/2009. The management terminated his service on 31/05/2009. Reason for his termination was performance not at par with our requirement. Now he has filed a case at 'Jabatan Perhubungan Perusahaan' and demand for reinstatement or compensation.

For this sort of case, what should we as employer do? is my winning chance high/low against him? Please advise.
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22/07/2009 09:57:52
He definitely has the rights to file a case at Industrial Relations, but I think his chance of winning is relatively slim, as he is still under probation. Further more, his performance is not up to management's expectation. Anyway, be prepared for your defence.
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Ms Teh
22/07/2009 10:43:38
Yes, he has received Last & Final written warning before and he also signed on the extension of probation period for 02 months as he intended to resigned once he got better job offer. Verbal warning was given to him for doing part time job just next to working premise.

He also signed the 'Termination Letter' and said that he'll be working with new employer soon. But now he's requesting for compensation as he's been jobless since June till now and he needs money to settle his debts.
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KL Siew
22/07/2009 14:46:15
The actual procedure is that the Industrial Relations Department will be calling both of you to their office for a discussion with the viewing to getting an amicable settlement of the case. Attend the discussion with an open mind as you will be given the chance to give your views when you talk to the IR officer.
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Ms Teh
22/07/2009 15:49:32
Yes, i attended the discussion yesterday for possible room of settlement. The IR officer has also stated clearly that he's not on anyone's side but to listen to both parties reasons. He hopes we can settle the matter without dragging it to industrial court. If employer felt that they are in firm base on this case with enough supporting docs as proof such as 'Appraisal' when extending his probation. Then employer shall stand strong in this case.

Thanks for your advises CK & KL Siew!

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