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probation attached to contract renewal

K Adi
Fri, 19 Apr 2013 06:58:56 PM  (Last updated: Tue, 23 Apr 2013 09:50:58 AM)

Dear Sir,

I am a professional working for a company with a 2-year contract earning more than RM2K. My current contract has a clause that says if management is satisfied with my performance, I shall be absorbed as a permanent staff. On the company's evaluation form, performance is described as work related and of which my direct supervisor has given me more than satisfactory assessment. Although the management tried at first to find fault with my performance, they had in the end admitted that my performance has been good. This admission of satisfactory performance is on record. Failing this the management found fault with my clocking in despite previous tolerance and condoning of late comers since the job nature is not dependent on when one clocks in to work and there were other staff who did not observe strict clocking in rules as well. No previous warnings had been given to me for the clocking in or for any other reason and no other misconduct was mentioned. Instead of offering me a proper contract renewal based on my previous contract, the management offered me a 6-month probation during which I will be evaluated on my 'character' and performance. I have written to the management protesting against their treatment, the unfair condition of the offer letter (in relation to assessing my character), the defamatory insinuation of my 'character' and I have asked them to reconsider their decision. I would appreciate if you could answer a few questions for me:

1) should I complain to the Labour Dept or the Industrial Relations Office?

2) I feel that I have a strong case for breach of contract in addition to dismissal without just cause or constructive dismissal. Should I consider suing the company in civil court instead or would complaining to the IRD suffice? Or could I pursue both options?

3) Is it proper for an employer to attach another probationary period to an already confirmed staff?

Thank you.

KL Siew
Tue, 23 Apr 2013 09:50:58 AM

It would be advisable for you to pay a personal visit to the Industrial Relations Department and discuss the issues in greater details with some of the officers there. You may be able to get a better understanding of your case.

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