Unfair dismissal: Probationers have same rights as full-timers, court rules

The Court of Appeal has upheld the principle that those working under probation enjoy the same privileges and rights as full-time employees, as decided by the Industrial Court on July 10, 2023.

The panel, chaired by judge Collin Lawrence Sequerah, said the Industrial Court practised its discretion correctly when it decided to award David Gerard Mok Chee Keong with four months’ back wages, totalling RM96,000.

They also awarded Mok RM10,000 in costs after dismissing his former employer, DK-MY Properties Sdn Bhd’s appeal today.

“The four months’ back wages awarded to the respondent (Mok) were not unreasonable.

“The Industrial Court (also) has its own discretion in determining the quantum of back wages to be awarded to the unfairly dismissed employee.”

Presiding with Collin were judges Faizah Jamaluddin and Meor Hashimi Abdul Rahim.

Case background

Mok began his employment with the company as its chief financial officer on Dec 12, 2019, and was put under a six-month probation.

On March 18, 2020, he received a notice of termination stating that his last employment day would be on June 16, the same year, with no reasons given for the decision.

Dissatisfied, he filed a complaint to the director-general of Industrial Relations on Dec 11, where his complaint was referred to the Industrial Court.

He was then awarded the sum of RM96,000 on July 10, 2023, after the Industrial Court found that he holds the same privileges and rights as a permanent employee, and he was dismissed without just cause or excuse after noting the company failed to issue any warnings or notices regarding his alleged poor performance.

The company then filed a judicial review at the High Court to appeal against the Industrial Court’s decision, where it argued the termination was valid under the terms of the appointment letter and the award was irrational since Mok secured a new employment shortly after his dismissal.

The High Court, in dismissing the judicial review on Dec 13 last year, upheld the Industrial Court’s decision and found no illegality, irrationality, or procedural impropriety in the decision.

Lawyers Dinesh Nandrajog and Wong Shu Min appeared for Mok, while DK-MY Properties was represented by Wong Huang Wee and Shanne Kong.

Ex-structural supervisor awarded RM254k for unfair dismissal

Ex-security guard reaches out-of-court settlement with US Embassy

Ex-HRD Corp COO claims he was dismissed for being outspoken

Industrial Court castigates firm for using race card to dismiss employee