Unfair Dismissal Questions Answered Plainly
Straight answers for a worker trying to understand what happened at work.
Unfair Dismissal, Explained For Workers
Losing a job without warning or a clear reason is unsettling, and the law gives workers a specific route to challenge it.
This page answers the questions we hear most often from workers in that position.
What Counts As Unfair Dismissal In Malaysia?
It is a dismissal without just cause or excuse, meaning the employer cannot show a fair reason and a fair process behind it.
This can include sudden termination, a forced resignation, or a contract left to lapse when the role was really permanent.
The burden of proof lies on the employer, not the worker 1.
Who Is Allowed To Make A Claim?
Any workman dismissed without just cause or excuse can lodge a representation under Section 20, including staff earning above four thousand ringgit a month 2.
Some Employment Act benefits are limited by wage, but this route is separate from those benefits.
Do I Need A Lawyer To Start?
No lawyer is required to lodge the initial representation, and solicitors cannot appear at the early conciliation stage.
Many workers still find it useful to speak with an employment lawyer before submitting anything, so the facts are framed clearly from the start.
How Long Do I Have To Act?
You generally have sixty days from the date of dismissal to submit a written representation.
Missing this window can end your case before it is heard, so treat the date of dismissal as the clock start.
What If I Resigned Instead Of Being Fired?
If you were pressured into resigning, that may still count as a dismissal in substance.
This falls under constructive dismissal, which has its own test and is worth reading about separately.
What Can I Actually Receive If I Win?
Remedies typically include reinstatement or compensation in place of it, plus back wages for the period the case took.
No particular outcome or amount is promised, since every case depends on its own facts.
What Should I Do Right Now?
Write down the dismissal date, gather your employment contract, termination letter, and any messages about the dismissal.
Then check the sixty day window against today’s date using the deadline calculator before deciding your next step, and consider reading how Section 20 representation actually works.
If you want to talk through what happened and where you stand, sending a short message is a reasonable first step before you decide anything.
Common questions
What counts as unfair dismissal in Malaysia?
It is a dismissal without just cause or excuse, meaning the employer cannot show a fair reason and a fair process behind it. This can include sudden termination, a forced resignation, or a contract left to lapse when the role was really permanent. The burden of proof lies on the employer, not the worker.
Who is allowed to make a claim?
Any workman dismissed without just cause or excuse can lodge a representation under Section 20, including staff earning above four thousand ringgit a month. Some Employment Act benefits are limited by wage, but this route is separate from those benefits.
Do I need a lawyer to start?
No lawyer is required to lodge the initial representation, and solicitors cannot appear at the early conciliation stage. Many workers still find it useful to speak with an employment lawyer before submitting anything, so the facts are framed clearly from the start.
How long do I have to act?
You generally have sixty days from the date of dismissal to submit a written representation. Missing this window can end your case before it is heard, so treat the date of dismissal as the clock start.
What if I resigned instead of being fired?
If you were pressured into resigning, that may still count as a dismissal in substance. This falls under constructive dismissal, which has its own test and is worth reading about separately.
What can I actually receive if I win?
Remedies typically include reinstatement or compensation in place of it, plus back wages for the period the case took. No particular outcome or amount is promised, since every case depends on its own facts.
What should I do right now?
Write down the dismissal date, gather your employment contract, termination letter, and any messages about the dismissal. Then check the sixty day window against today's date before deciding your next step.
Sources
- The burden of proof lies on the employer to show that a dismissal was for just cause and excuse. Mah Weng Kwai & Associates
- The unfair dismissal route under Section 20 covers all workmen, including employees earning above RM4,000 a month, even though some Employment Act benefit provisions are limited by wage. MECA, Industrial Relations Act 1967 Guide
Keep reading
If you want to talk through what happened and where you stand, sending a short message is a reasonable first step before you decide anything.