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Termination during probation period

Keith
Member
Thu, 08 Nov 2018 04:09:33 PM  (Last updated: Mon, 12 Nov 2018 01:11:00 PM)

Dear Sir,

I was recently being employed as a manager in a Beer distribution agency as a manager. My task was not clearly defined except on verbal basis. I was not being any training.Mainly my task for the period of 1 month was to help out a manager to complete a taks on Principal reporting  on some reports.

After about 1 month, the Chairman/MD of the company as the manager to inform me that i will be terminated by serving a two week notice to me . I protested to the MD and said that there was nothing i had done wrongly. His reason of termination that i was a slow learner, which i told him it is not a reasonable excuses.

The manager has demanded for my resignation letter. I had stood fast and ask for them to terminate me instead. Can i take this case up with the labour law or industrial court. 

I planned to resign after i had obtained a new job. Meanwhile i'm still working for this company under probation for another 2 more months.

can the company terminate me once the 3 months probation is up . I have not getting any feedback and coaching on my work.

regards,

Keith

KL Siew
Administrator
Fri, 09 Nov 2018 01:57:55 PM

At the moment, the situation does not seem to be very clear as they have not yet terminated your service but asking you to put in your resignation, which you refuse. Of course, if they were to terminate your service, they should put it in writing. After that you can bring the matter up with the Industrial Relations Department.

Keith
Member
Fri, 09 Nov 2018 04:22:53 PM
Hi Siew, they have just serve me the termination letter today which is 8th November but was backdated to 1/11 as they have informed me verbally. The letter stated "unsatisfactory performance despite many chances being given". There was no KPI set not any review was done during my 1.5 months with the company.What compensation can I get by lodging a report to industrial court. Can I be reinstated or compensation in lieu. My probation suppose to last for 3 months How long must I submit the case to industrial court upon termination?Regards,Keith
KL Siew
Administrator
Fri, 09 Nov 2018 04:33:19 PM

Winthin 60 days from the date of termination of service.You can personally go to the Industrial Relations Department and bring the matter up with the officer there. You can get advice from him see what should do.

SuharinKL
Contributor
Mon, 12 Nov 2018 08:59:33 AM
Originally posted by Keith on Fri, 09 Nov 2018 04:22:53 PM
Hi Siew, they have just serve me the termination letter today which is 8th November but was backdated to 1/11 as they have informed me verbally. The letter stated "unsatisfactory performance despite many chances being given". There was no KPI set not any review was done during my 1.5 months with the company.What compensation can I get by lodging a report to industrial court. Can I be reinstated or compensation in lieu. My probation suppose to last for 3 months How long must I submit the case to industrial court upon termination?Regards,Keith

Hai Keith, 

Please be informed that the Federal Court had already decided that a probationer cannot be terminated during his probationary period except for misconduct.

In your situation, the termination is unlawful as it is against the aforsaid legal principle. As rightly pointed out by admin, if you are not satisfied with the termination, please lodge a report at the Industrial Relation Department (Jabatan Perhubungan Perusahaan) (not Jabatan Tenaga Kerja).

Regards,

suharinsulaiman@gmail.com

Keith
Member
Mon, 12 Nov 2018 11:30:02 AM
Thank you for the information. In this case , how much compensation will I get if I were to lodge the report with industrial court? I have joined on 12th of Sept and my last day of service is 16th November. I have not even served my full probationary period.Thank you for reading my post and helping me.Regards,Keith Lau.
SuharinKL
Contributor
Mon, 12 Nov 2018 01:11:00 PM
Originally posted by Keith on Mon, 12 Nov 2018 11:30:02 AM
Thank you for the information. In this case , how much compensation will I get if I were to lodge the report with industrial court? I have joined on 12th of Sept and my last day of service is 16th November. I have not even served my full probationary period.Thank you for reading my post and helping me.Regards,Keith Lau.

If the Industrial Court finds the termination as unlawful, the Industrial Court may award compensation of maximum 12 months salary.

Please be informed that the complaint is to be lodged at Industrial Relation Department (not yet Industrial Court). Thereafter there will be few process which you need to follow before your case can be referred to Industrial Court.

Regards,

suharinsulaiman@gmail.com