THOMAS WILSON LOWRIE v. FAIRVIEW INTERNATIONAL SCHOOL IPOH SDN BHD
INDUSTRIAL COURT, PERAK
ZULHELMY HASAN
AWARD NO. 1502 OF 2023 [CASE NO: 10-4-1353-22]
10 JULY 2023

Abstract – A probationary employee has no substantive right to the position that he holds and must prove his fitness and suitability for the post which is reviewed by the employer during the probationary period and the employer is entitled to terminate the employee’s employment contract if he is found unsuitable for the position. For that reason, the appointment of a probationer as a permanent employee is very much dependent on the employer’s satisfaction as to his suitability.

LABOUR LAW: Dismissal – Probation – Probationer employed by employer with three-year fixed term contract – Six months’ review period – Probationer found to be unsuitable for position and dismissed from employment at end of performance review period – Whether claimant had right to be employed until expiry of contract – Whether decision not to continue probationer and to dismiss him done arbitrarily or capriciously

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TAN CHING WEE v. GUOCERA TILE INDUSTRIES (MERU) SDN BHD
INDUSTRIAL COURTS, KUALA LUMPUR
SELVA RANI THIYAGARAJAN
AWARD NO. 1541 OF 2023 [CASE NO: 13(2)(12)(26)(21)-4-1983-18]
13 JULY 2023

Abstract – An employee could not be said to be in dereliction of his duties when the employee’s key roles and responsibilities do not list such duty, that he is said to be in dereliction of, as part of his role and responsibility.

LABOUR LAW: Dismissal – Domestic inquiry – Employee dismissed from employment for two charges relating to gross dereliction of duties and giving misleading and false statements – Whether charges proven – Whether domestic inquiry conducted with observation of natural justice – Whether claimant given opportunity to be heard and to present case – Whether domestic inquiry heard before impartial tribunal – Whether dismissal with just cause or excuse

WORDS & PHRASES: ‘Gross negligence’ – Employee dismissed from employment for two charges relating to gross dereliction of duties – Whether there was wilful or intentional act of negligence or misconduct done by employee – Whether dismissal with just cause or excuse

Award	Parties	Citation	Links
	Pekat Solar Sdn Bhd v. Suria Dan Sonne Sdn Bhd & Anor [Civil Suit No: WA-22IP-61-10-2021]	[2023] 3 ILR 219
	RHB Investment Bank Berhad v. Imam Subhan Kasman & Anor [Semakan Kehakjman No: WA-25-50-02-2021]	[2023] 3 ILR 252
1288/2023	Wan Hamidah Mohamed Nor v. Royale Signature Hotel Sdn Bhd & Ors [Case No: 18-1-1024-20)	[2023] 3 ILR 283
1412/2023	Manissah Mahmad lwn. Medi2u Sdn Bhd [No. Kes: 19-4-743-22]	[2023] 3 ILR 293
1452/2023	Velavan Nagalingam lwn. American Air Filter Manufacturing Sdn Bhd [No. Kes: 2(10)-4-644-20]	[2023] 3 ILR 303
1484/2023	Geert August M Maes v. Delaware Consulting Malaysia Sdn Bhd [Case No: 7-4-2404-19]	[2023] 3 ILR 323
1495/2023	Sylvain Marcel Jacques Perret v. Nearbuy South East Asia Sdn Bhd & Anor [Case No: 6(15)-4-480-20]	[2023] 3 ILR 333
1502/2023	Thomas Wilson Lowrie v. Fairview International School Ipoh Sdn Bhd [Case No: 10-4-1353-22]	[2023] 3 ILR 343
1531/2023	Shanmugam Sivapiradas v. Chulia Facilities Management Sdn Bhd [Case No: 9-4-1703-21]	[2023] 3 ILR 364
1541/2023	Tan Ching Wee v. Guocera Tile Industries (Meru) Sdn Bhd [Case No: 13(2)(12)(26)(21)-4-1983-18]	[2023] 3 ILR 374
1570/2023	Noor Azme Aman v. BW Bangsar [Case No: 5-4-1525-21]	[2023] 3 ILR 422
1577/2023	Eldayu Yunus v. Malaysia Airports Holdings Bhd [Case No: 17-4-761-21]	[2023] 3 ILR 432

SUBJECT INDEX

1. RHB Investment Bank v Iman Subhan Kasman [2023] 3 ILR 252 (HC) quashing Industrial Court award of Imam Subhan Kasman v RHB Investment Bank Bhd [2021] 1 ILR 269.