Your Rights At The Industrial Court
If your case has reached the Industrial Court, here is what your rights actually are at this stage.
What Rights Do You Have At The Industrial Court
You have the right to have your employer prove the dismissal had just cause or excuse. That burden sits with them, not you, once a case reaches this stage1. You do not need to prove your own innocence from a position of doubt.
You also have the right to bring a lawyer to represent you directly here. This is a change from the conciliation stage before it, where solicitors cannot speak on your behalf.
What You Can Ask The Court To Order
Reinstatement, getting your job back, is the remedy the law frames first. Compensation instead of it is also possible, including back wages up to the statutory cap2. What actually fits depends on the case.
You have the right to see and respond to the evidence your employer presents. The hearing process is built around both sides being heard.
What These Rights Mean Day To Day
In practice, this means you can question evidence presented against you. You can also ask your lawyer to clarify anything you do not follow. The process should be conducted fairly, not assumed against you from the start.
These rights exist regardless of how the dismissal itself made you feel. Understanding them can make the hearing stage feel less intimidating.
Turning Rights Into Action
The Industrial Court entity page sets out what this stage typically involves. For the same rights question at the earlier stage, see the guide on your rights when filing a claim.
The back wages and compensation entity page explains the remedy question in more depth.
Knowing your rights at this stage helps you use them properly once your hearing is set.
If you are unsure what your rights actually cover at the Industrial Court, a lawyer can explain them in plain terms.
Common questions
Do I have the right to bring a lawyer at this stage
Yes. Unlike conciliation, where solicitors cannot represent you, a lawyer can represent you directly once your case reaches the Industrial Court.
Who has to prove the dismissal was fair at this stage
Your employer does. This burden does not shift to you, and the Court expects them to justify the dismissal with real evidence.
What remedies am I entitled to ask for
Reinstatement is the primary remedy the law frames, with compensation, including back wages up to the statutory cap, available depending on the case.
Do I have the right to see the evidence against me
Yes, the hearing process is built around both sides presenting their evidence, so you have the right to know and respond to what your employer relies on.
Sources
- 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
- Back wages awarded by the Industrial Court are capped at 24 months of last-drawn salary for a confirmed employee, and 12 months for a probationer Donovan & Ho
Keep reading
If you are unsure what your rights actually cover at the Industrial Court, a lawyer can explain them in plain terms.