Tribunal chairman Nor Afizah Hanum Mokhtar said Loh Pek Mee had failed to show there was constructive dismissal.

“The court is not satisfied that there was a breach of contract by the company that entitled her to walk away from employment,” Nor Afizah said in her 17-page verdict.

Nor Afizah said from the evidence adduced it was clear that UEM Sunrise Bhd had every right to extend Loh’s probation period.

Nor Afizah said the three month extension of probation in a letter dated Nov 15, 2017, was issued to allow Loh further opportunities to address her performance gaps and to prove that she was fit to hold the position.

UEM Sunrise was represented by T Thavalingam and Aida Yasmin.

Loh joined the company on March 22, 2017, as chief marketing officer on a fixed-term contract of three years and was on probation for six months.

Her employment contract said the probation period could be extended at the company’s discretion for another six months.

On July 1, 2017 she was transferred to the company’s central and southern marketing and sales divisions and remained there until she ceased to be employed on Feb 28, the following year.

Loh, represented by Christie Soosay Nathan and Jusween Kaur, claimed for constructive dismissal following the company’s decision to extend her probation period, saying she was unfairly treated and subjected to bias and prejudice.

She said the breach amounted to a fundamental violation of the implied term of “confidence and trust” between the company and her.

Loh said the series of actions and defaults particularly by the company’s chief executive officer Anwar Syahrin Abdul Ajib was done with bias, prejudice and considerable arbitrariness.

Syahrin, who testified, denied her allegations.