ON POOR PERFORMANCE

POOR PERFORMANCE- PERKHIDMATAN YANG TIDAK MEMUASKAN
PEKERJA PERCUBAAN-PROBATIONER
SALAHLAKU- MISCONDUCT

S33 (1) IRA 1967

ENABLES ANY PARTY BOUND BY A COURT'S AWARD TO APPLY TO THE COURT FOR A DECISION ON ANY QUESTIONS THAT ARISES AS TO THE INTERPRETATION OF THE SAID AWARD.

VIKAY TECHNOLOGY SDN. BHD ANG ENG SEW [1993] 1 ILR 90

AS LONG AS THE EMPLOYER IS REASONABLY SATISFIED THAT THE EMPLOYEE IS NOT SUITABLE FOR THE JOB HE MAY BE REMOVED. SUITABILITY IS NOT JUST BASED ON PERFORMANCE OF THE EMPLOYEE BUT ALSO HIS CONDUCT, BEHAVIOUR AND ATTITUDE IN RELATION TO THE JOB HE IS EMPLOYED.

SOON SENG INDUSTRIAL PRODUCTS SDN.BHD METAL INDUSTRIES EMPLOYEES UNION

[1988] 2 ILR 219

IT IS WELL ESTABLISHED THAT A PROBATIONER HOLDS NO LIEN ON THE POST.

TAN SENG LEE V UNIVERSAL DRILLERS SDN. BHD

ILR 2009 1 PAGE 112

GENERALLY THE COURT WILL NOT INTERFERE IN A DECISION BY THE EMPLOYER WHO TERMINATES A CONTRACT DURING THE PROBATIONARY PERIOD ON THE GROUND THAT HE IS DISSATISFIED WITH THE WORKMAN IF THAT OPINION HAS BEEN FORMED BONA FIDE.