Industrial Court · 2025 · PIP

Can a Probationary Employee Be Terminated During Medical Leave?

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Court Upholds RM756,000 Award, Says Dismissal Cannot Be Disguised as Redesignation

A court has upheld a RM756,000 award to a former senior executive of Minetech Resources Bhd, finding that the company had clearly ended his employment despite describing its action as a redesignation.

Justice Alice Loke’s decision highlights that an employer cannot disguise a dismissal simply by calling it a change of title or role. 

For employers and HR professionals, the case highlights the importance of assessing the actual effect of an employment decision. Describing an action as a “redesignation” does not, by itself, prevent it from being treated as a dismissal.

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