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Termination/Unfair treatment during probation

YE2017
Member
Tue, 20 Jun 2017 10:06:20 PM  (Last updated: Wed, 21 Jun 2017 12:09:26 PM)

Hi, 

From an employee that is currently under probation: 

1) Extension of probation period was not in black and white - Probation was extended due to lack of time to evaluate and needed to set things clearer on KPIs, I have agreed on the extension, but there are no formal written extension of probation until now (it's been a month).

2) KPIs - Based on my opinion, I have been delivering the work based on the timeline agreed between me and the direct reporting boss, and have been keeping boss updated on information/work progress. The direct reporting boss have not came back with unhappy comments and feedback - no formal feedback (in written), my thought will be things are working well, but apparently based on his comments to HR - is NOT WORKING AT ALL. 

3) Feedback was not from direct reporting boss - I was caught in surprised because feedback of performance/mismatch in hiring the position was coming from HR but not the direct reporting boss. The message set by the HR was: "As a friend, I think you shall start looking out for opportunities" and "and you will not be able to make it for probation", which it seems extremely unprofessional and unfair from HR. 

4) Mismatch in hiring - If the HR were to write a notice of termination on mismatch in hiring, is it possible for me to file a case? Given things are not approaching to me at a proper way - no direct feedback from my direct reporting boss and extension of probation was not in black and white. I read in <<Probation>> site, in Khaliah binti Abbas vs Pesaka Capital Corporation Sdn Bhd, the Court of Appeal ruled that an employee on probation enjoys the same rights as a permanent or confirmed employee and he or she cannot be terminated without just cause or excuse.

5) No medical card given during probation - Is this something that I can highlight as well? 

Feeling extremely unfair, hoping to get some advice. 

Thanks a lot. 

KL Siew
Administrator
Wed, 21 Jun 2017 08:23:10 AM

It looks to me the company may not be up to your expectation and may not be the right one for you. From the message of your HR I think there are only two options:

1. Continue to work as usual and wait for them to terminate your service and then you fight a industrial court case with the company for unfair dismissal. I think you already are quite familiar with industrial relations matters.

2. Look for new job opportunities as suggested by your HR.
 

YE2017
Member
Wed, 21 Jun 2017 09:11:58 AM
Originally posted by KL Siew on Wed, 21 Jun 2017 08:23:10 AM

It looks to me the company may not be up to your expectation and may not be the right one for you. From the message of your HR I think there are only two options:

1. Continue to work as usual and wait for them to terminate your service and then you fight a industrial court case with the company for unfair dismissal. I think you already are quite familiar with industrial relations matters.

2. Look for new job opportunities as suggested by your HR.
 

Thanks Siew, will that be a good win? - If option 1 was done by my employer? 

KL Siew
Administrator
Wed, 21 Jun 2017 12:09:26 PM

It is not possible to  predict the outcome. If you don't mind my being blunt, don't waste time, money and energy to fight an industrial court case. When we don't like the place, we go somewhere else.

  This topic is closed