The Industrial Court Claim Process Explained
If your case has reached the Industrial Court, here is what the process actually involves.
What Are The Steps In An Industrial Court Case
Once referred, your case is registered with the relevant division, which usually depends on where you worked. The Court sits nationwide, with its headquarters in Kuala Lumpur and branches in Penang, Ipoh, Johor Bahru, Kota Kinabalu and Kuching1.
From there, dates are set for the matter to be heard, and both sides begin preparing documents and, where relevant, witnesses.
What Happens During And After The Hearing
At the hearing, your employer presents its case first, since the burden of proving just cause or excuse sits with them2. Documents such as your contract, warning letters, and appraisals often carry more weight than recollection alone.
After the hearing, the Court issues its decision, called an award. Settlement also remains possible at various points along the way, and not every case reaches a full award.
What Tends To Surprise People
The pace can feel slower than expected, since hearing dates are set around the court’s wider schedule, not just your case. Gaps between hearings are normal and do not usually signal a problem.
The formality can also come as a surprise after the more relaxed setting of conciliation. Knowing this in advance tends to make the transition feel less unsettling.
Preparing For The Process
The Industrial Court entity page explains what each stage typically involves in more depth. The Section 20 representation entity and the guide on the steps to file your claim cover the stage that comes before this one.
The guide on what working with a lawyer looks like may also help if you are deciding how much to involve one.
A lawyer familiar with your division can help you prepare for the specific steps ahead.
If you want to understand exactly what the hearing process will look like for your case, a lawyer can walk you through it.
Common questions
What is the first step once a case reaches the court
The case is registered and assigned to the relevant division, based mainly on where you worked. From there, dates are set for the matter to be heard.
What happens during the hearing itself
Both sides present their case, with your employer needing to justify the dismissal first, since the burden of proof sits with them. Witnesses and documents often matter more than memory.
What comes after the hearing
The Court issues a decision, called an award, based on the evidence presented. Timing for this varies by case and court schedule.
Can the process settle before a full hearing
Yes, settlement remains possible at various points, and many cases resolve before reaching a full award.
Sources
- The Industrial Court sits nationwide with its headquarters in Kuala Lumpur and branches in Penang, Ipoh, Johor Bahru, Kota Kinabalu and Kuching Malaysiancounsel
- The burden of proving just cause or excuse for a dismissal rests on the employer, not the employee, once a case reaches the Industrial Court Mah Weng Kwai & Associates
Keep reading
If you want to understand exactly what the hearing process will look like for your case, a lawyer can walk you through it.