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Termination while under probation due to misconduct and incompetence

shazza
Member
Mon, 14 Mar 2011 12:03:50 AM  (Last updated: Fri, 18 Mar 2011 08:17:12 PM)

Dear Sir,

Can a company terminate an employee due to misconduct and incompetence while he is still under probation? The case as follows:

During his interview for the position of truck crane operator, the company did ask him whether he has any experience in operating a truck crane. He said no but he is experienced in driving big vehicles like buses and that he could try to learn to operate a truck crane in the company. However during his first week training, one of the company's skilled truck crane operator found out that he must have lied to the company in saying that he's experienced in driving even an ordinary bus because he drives very dangerously and there a some near miss incidents. Also, he damaged the clutch within the few days he drove the truck which the mechanics are 100% sure that he must have never driven big vehicles before.

After just one week, the company's manager confronted him and told him to leave with 24 hours notice. Can he actually complain to the Jabatan Buruh and ask for 1 month indemnity when he has lied to the company in the first place?

Looking forward to you advice ASAP.

Shazza

KL Siew
Administrator
Thu, 17 Mar 2011 03:06:14 PM

Yes, he has the right to complain to the Labour Department. Who is right, who is right is for the Labour Department to decide.

shazza
Member
Fri, 18 Mar 2011 12:58:08 AM

In that case, please advise what is the proper procedure to terminate an employee who is still under probation in order to avoid further problems with Jabatan Buruh.

Thanks in advance.

Shazza

KL Siew
Administrator
Fri, 18 Mar 2011 08:17:12 PM

Pay a visit to Jabatan Buruh and get some official advice.

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