Ex-employee let go after probation without one month's notice wins claim against law firm

A Singaporean man has successfully claimed one month's salary in lieu of notice after being informed two days before his probation ended that he would not be confirmed in his role at law firm Nanyang Law.

The employee, Mr. Ghui Meng Yang, was hired as a supporting officer in April 2023 with a three-month probation period set to conclude on July 9, 2023. The employment contract stipulated that either party could terminate the agreement during probation by providing one month's written notice. However, on July 7, Nanyang Law issued a letter stating his employment would end on July 9, classifying it as an 'Expiry of Your Probation Period' rather than a termination.

Nanyang Law offered a 'goodwill payment' equivalent to seven days' salary, arguing that since probation had merely lapsed and was not terminated, no notice period or compensation in lieu of notice was necessary. The firm also cited alleged performance and punctuality issues, as well as Mr. Ghui's failure to improve despite counseling, as reasons for non-confirmation.

Mr. Ghui disputed these allegations and filed a claim with the Employment Claims Tribunal, seeking S$3,000 (approximately US$2,280) for one month's salary in lieu of notice. He contended that the firm's own guidelines implied a mandatory notice period or compensation for employees in his position.

Justice Sushil Nair of the Court of Appeal dismissed the law firm's appeal, upholding the tribunal's decision. The judge clarified that the automatic termination of employment upon probation expiry depends entirely on the specific wording and interpretation of the employment contract. The ruling affirmed Mr. Ghui's entitlement to the S$2,900 payment, emphasizing that employment contracts must be adhered to, even concerning probation periods.

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whether employment automatically ends when probation expires depends on the wording and construction of the particular employment contract.