SINGAPORE: Two days before his probation period at a law firm ended, a man was informed that he had not passed probation and that his employment would end.
He filed a claim seeking one month's salary in lieu of notice and won against the law firm, which appealed against the decision.
Nanyang Law said it was entitled to let the probation period lapse and give the man a letter of non-confirmation with no notice period and no salary in lieu of notice, and that it was not a termination but simply an expiry of the probation period.
In a judgment published on Monday (Aug 24), Justice of the Court of Appeal Sushil Nair dismissed the law firm's appeal and upheld the order for Nanyang Law to pay Mr Ghui Meng Yang about S$2,900 (US$2,280).
Justice Nair, who is the incoming Chief Justice, clarified that whether employment automatically ends when probation expires depends on the wording and construction of the particular employment contract.
Mr Ghui was hired as a supporting officer in April 2023 by Nanyang Law, with a probation period of three months that ran until Jul 9, 2023.
According to the terms of employment, either party may terminate the contract during the probation period by giving one month's prior written notice without the need for any reason to be given.
On Jul 7, two days before the probation period ended, Nanyang Law issued a letter to Mr Ghui titled "Expiry of Your Probation Period".
The letter stated that the company had decided not to continue Mr Ghui's...
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