Your Rights After A Misconduct Dismissal
If you were dismissed over alleged misconduct, here is what your rights actually are under Malaysian law.
What Rights Do You Have After A Misconduct Dismissal
You keep the right to challenge a dismissal that had no just cause, even when the reason given was misconduct. The law lets you file a written representation within 60 days of the dismissal, regardless of how serious the allegation sounded1.
An accusation is not the same as proof. Your employer still carries the burden of showing both a genuine reason and a fair process before any decision against you can stand2.
What A Fair Process Actually Looks Like
You should normally know what you are accused of and be given a genuine chance to respond, even where no full domestic inquiry is held. This is a matter of fairness rather than a rigid rule with one fixed format.
Separately, the Employment Act sets out baseline entitlements, and since the 2022 amendments these core protections apply regardless of wage level3. Being accused of misconduct does not remove you from that coverage.
These two things, the Employment Act and the right to challenge an unfair dismissal, work alongside each other rather than replacing one another.
Turning Rights Into Action
Start by checking your own dates on the 60-day deadline calculator, since a right that is not used in time cannot be enforced later. The dismissal for misconduct entity page sets out what a fair dismissal process usually looks like.
If you decide to move forward, the Section 20 representation page explains what filing involves. For the same rights question applied to probation, see the guide on your rights after a probation dismissal.
Knowing your rights is the first step, and using them within the deadline is the second. A lawyer can walk you through both once you share the basic facts of your dismissal.
If you are unsure what your rights actually cover after a misconduct dismissal, a lawyer can explain them in plain terms.
Common questions
Do I have a right to a formal inquiry before dismissal
Not an absolute one, but a fair process is still expected. You should normally know what you are accused of and be given a genuine chance to respond, even where no full inquiry is held.
Who has to prove the misconduct actually happened
Your employer does. You do not need to prove your innocence from the start, since the law places the burden on the employer to show the allegation was true and the process fair.
Does the Employment Act still protect me if I was accused of misconduct
The Employment Act applies to employees regardless of wage since the 2022 amendments, and an accusation does not remove that coverage. Your specific entitlements can still depend on your contract terms.
What if I was dismissed on the spot with no notice
Summary dismissal without notice is allowed for serious misconduct, but your employer still needs a genuine reason behind it. A sudden dismissal is not automatically lawful simply because it happened quickly.
Sources
- 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
- 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
- The 2022 amendments to the Employment Act took effect on 1 January 2023 and extended core protections to employees regardless of wage level Malay Mail
Keep reading
If you are unsure what your rights actually cover after a misconduct dismissal, a lawyer can explain them in plain terms.