Major Teoh’s Blog

July 30, 2007

Probation

Filed under: Probation — Major (Rtd) Teoh @ 11:59 am

High Court of Malaya
Paari Perumal – vs – Abdul Majid Hj Nazardin
Coram FAIZA TAMBY CHIK J
10 July 2000


Amongst other things, inter alia, quote:
23. I am of the opinion that the security of tenure of a worker is of vital importance because of the workers’ role in national development. A happy employee is a satisfied worker. A satisfied worker is one who knows exactly when his probation period is on trial and when he is confirmed. Languishing an employee as a probationer for an indefinite period does nobody any good. It is not productive for the employer nor for the employee himself. It is in this light that the offending principle is no longer in keeping with national aspiration and development if our nation is to aspire to achieve the status of an industrialised nation by the year 2020. Industrial harmony is a pre-requisite. Only with security and continuity of employment will there be increased productivity. A probationer who is taken into the permanent service should be advised of it by written notice served within one week of the completion of the probationary period.

24. But if the employee is neither confirmed nor terminated at the end of his probationary period, he should be deemed to be a confirmed employee. This will bring about certainty of status of employment to the employee. And automatically the employee concerned will then be entitled all the benefits that come along with confirmation. This will definitely bring about increased productivity as an employees is a happy and satisfied person. Further employees will not easily fall prey to unscrupulous employers who keep their employee languishing in the probation period and avoiding the need to give them the benefits which they will have to give if they are confirmed.[b]

……. unquote

Source: http://www.ipsofactoj.com/highcourt/2000/part5/hct2000(5)-011.htm

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2 Comments »

  1. thanks for the article. it’s very informative. we can use this at our accounting and finance school and to our business process outsourcing for accounting and finance business.

    Comment by culversongalia — August 1, 2007 @ 1:15 pm | Reply

  2. I am glad that you find it useful. It is important that we understand the principles that are enunciated in this case law.
    However this is a Malaysian case law but I still feel the principles are applicable wherever you may be.

    Just sharing.

    Major Teoh

    Comment by Major (Rtd) Teoh — August 4, 2007 @ 11:15 am | Reply


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