What Unfair Dismissal Means
You were let go and you are not sure your employer had a fair reason.
Unfair dismissal is the term Malaysian law uses when an employer ends your job without a fair reason, a fair process, or both. It is the starting point for almost every situation this site covers.
What It Means
Under the Industrial Relations Act 1967, an employer must have just cause or excuse to dismiss you. That means a real, provable reason, and a process that gave you a chance to respond before the decision was final.
If either part is missing, the dismissal can be challenged, whether you were sacked outright, forced to resign, or had a fixed-term contract ended early without reason.
Why It Matters To You
The label decides which door you use next. A claim over unfair dismissal goes through Section 20 of the Industrial Relations Act, not a normal civil lawsuit, and it starts with a filing to the Director General rather than a court summons.
Once you file, the burden shifts. Your employer, not you, has to prove the dismissal was for just cause or excuse.2
That shift matters because most workers do not have full access to internal company records, while the employer usually does.
What Should You Do This Week
Write down what happened while it is fresh, including dates, who said what, and any letter you received. Keep your contract and payslips together in one place.
You have only 60 days from your dismissal date to file a representation, so check where you stand using the deadline calculator before that window closes.1
If your job ended through a resignation rather than a direct sacking, read about constructive dismissal to see whether it still counts as unfair.
Telling us how your employer ended your job and what was said beforehand helps us see whether the reason and the process were fair.
Common questions
Does unfair dismissal only mean being sacked outright?
No. It also covers being forced to resign, having a fixed-term contract cut short without reason, or losing your job through a process that never let you respond. The label depends on the reason and the process, not the wording your employer used.
Do I need proof before I call it unfair?
You need enough to explain what happened in order, with dates. You are not expected to already hold every document your employer has. A lawyer can tell you whether what you have is enough to start.
Sources
- An employee who considers they were dismissed without just cause or excuse may make a written representation to the Director General of Industrial Relations within 60 days of the dismissal. Mah Weng Kwai & Associates, Unfair Dismissal
- The burden of proof in an unfair dismissal case rests on the employer, who must show the dismissal was for just cause or excuse. Mah Weng Kwai & Associates, Unfair Dismissal
Keep reading
Telling us how your employer ended your job and what was said beforehand helps us see whether the reason and the process were fair.