Myths About Misconduct Dismissal In Malaysia
Some things employees believe about misconduct dismissal are not actually true under the law.
What Are The Common Myths About Misconduct Dismissal
The biggest myth is that filing a representation guarantees a payout. It does not, since no outcome is promised by the act of filing, and the result depends entirely on what the facts show once examined.
A close second myth is that you must prove your own innocence before anyone takes your case seriously. In reality the burden sits with the employer to justify the dismissal1, which is the opposite of what many employees assume.
Myths About Money And Time
Some employees believe there is no real limit on what they could receive if their claim succeeds. That is not accurate, since back wages are capped, lower for a probationer than for a confirmed employee2.
Another myth is that the filing deadline is flexible if your circumstances are difficult. It is not, since the 60-day window applies regardless of how much you were dealing with at the time3.
A final myth worth naming is that signing a settlement or resignation letter under pressure does not matter much. It can matter a great deal, since these documents may close off rights you did not realise you were giving up.
Getting Past The Myths
Check your actual dates on the 60-day deadline calculator rather than relying on what you have heard from others. The dismissal for misconduct entity page lays out how the process really works, stage by stage.
For the filing step itself, the Section 20 representation page explains what is actually involved. The guide on myths about poor performance dismissal tackles a related set of misunderstandings if your situation overlaps with performance issues.
A short conversation with a lawyer clears up which of these myths apply to your situation and which do not. It is a faster path to clarity than guessing.
If you are unsure which parts of what you have heard are actually true for your case, a lawyer can clarify it.
Common questions
Does filing a claim guarantee I get paid
No outcome is promised by filing alone. A representation opens a process where the facts are examined, and the result depends on what the evidence shows, not on the act of filing itself.
Do I have to prove I did nothing wrong
No, this is one of the most common myths. The employer carries the burden of proving the dismissal was fair, which changes how you should be spending your early effort.
Is there no real limit on how much I could get
There is a real limit. Back wages have a fixed cap that is lower for a probationer than for a confirmed employee, so it helps to know this before forming expectations.
Can I file whenever I am ready
No, the filing window is 60 days from your dismissal and does not extend because you needed more time to decide. Treat this date as fixed from day one.
Sources
- In an unfair dismissal case the burden falls on the employer to prove the dismissal was for just cause or excuse Mah Weng Kwai & Associates
- Back wages awarded by the Industrial Court are capped at 24 months for a confirmed employee and 12 months for a probationer DNH
- An employee who believes a dismissal had no just cause or excuse can file a written representation to the Director General of Industrial Relations within 60 days of the dismissal Mah Weng Kwai & Associates
Keep reading
If you are unsure which parts of what you have heard are actually true for your case, a lawyer can clarify it.