- 工业法院指出，雇主确实有必要定期定期评估试用员工。法庭认为这不属于新加的条款，而是公司的职责来评估试用期的员工。 因此员工无权以这理由来拒绝复职。
- An applicant for the post of Human Resource and Admin Manager filled up a form in which these questions were asked and answered:
“Have you been discharged from employment for whatever reason?
Claimant’s answer: No.
Have you been involved in any trade dispute with previous employers or made reference to the Ministry of Labour or Industrial Relations Court for a Decision/Award? YES/NO (If yes, please specify).
Claimant’s answer: No.
- Subsequently, the employer came to know that the Manager had been dismissed five years ago and had filed a claim for A consent award was recorded in that case.
- The Manager was dismissed for giving misleading information. She claimed reinstatement and at the conciliation meeting held by the Department of Industrial Relations, she was offered reinstatement by the Company.
- However, on the date she was supposed to report for duty, she did not turn up on the grounds that the letter of reinstatement that she had received included new terms which she had not agreed. The term she was referring to stated that her performance would be monitored and assessed every two months during her probation period.
- The Industrial Court noted that case law makes it mandatory for an employer to appraise a probationary employee on a regular basis. The Court said, “Thus, the company is correct to state that carrying out periodic or bimonthly assessments on the claimant’s performance during her probation is not an additional term to her contract of employment. It is the inherent duty of the Company do so. Therefore, the rejection by the claimant of the offer of reinstatement made by the respondent to the claimant is wrong in law.”
- The Court held that the Manager had signed a declaration on her employment application form that the information she had given was correct and the employer had the right to dismiss her if any of the information was found to be false, which it clearly was.
- The dismissal of the employee was upheld.
- Employee Misconduct, CLJ Publication
- Jaspal Kaur Ajit Singh v. Leonfast Sdn Bhd  4 ILR 360.
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