Your Rights After Performance Dismissal
If your job ended over performance concerns, here is what your rights actually are under Malaysian law.
Did You Actually Get A Fair Chance To Improve
You keep the right to challenge a performance dismissal if you were never given a genuine chance to fix the issue first. The law lets you file a written representation within 60 days of the dismissal, whatever your last review said1.
A single low rating followed quickly by termination is often exactly the pattern a claim challenges.
What Is A Performance Improvement Plan Supposed To Do
A performance improvement plan, or PIP, is meant to set clear targets, a fixed timeframe and support to meet them. If your employer skipped this step, or set targets that were vague or impossible, that gap works in your favour.
The plan should also have been put to you in writing, not just mentioned once in a meeting.
Do Documented Warnings Actually Matter
Warnings are meant to build a paper trail showing you knew the standard and had a real opportunity to meet it. One undocumented conversation, followed straight by dismissal, is a weak foundation for an employer to rely on2.
Ask for copies of any warning letters or appraisal notes on file. You are entitled to see the record your employer is relying on.
Were You Held To The Same Standard As Others
A comparator, someone in a similar role who was not dismissed for similar results, can be useful evidence. If your targets were noticeably stricter than a colleague’s, that inconsistency is worth raising. The same applies if you were the only one measured this way.
This does not need to be a perfect match, just a genuine point of comparison.
What Rights Sit Alongside The Performance Question
The Employment Act sets out baseline entitlements such as notice, and since the 2022 amendments these apply regardless of wage level3. A performance-related dismissal does not remove that coverage, though the right to challenge an unfair dismissal is a separate track.
Turning Rights Into Action
Start by checking your own dates on the 60-day deadline calculator. A right that is not used in time cannot be enforced later.
The dismissal for poor performance entity page sets out what a fair process usually looks like. If you decide to move forward, the Section 20 representation page explains what filing involves.
A lawyer can help you gather your PIP, warnings and comparator details before you file.
If you are unsure what your rights actually cover after a poor performance dismissal, a lawyer can explain them in plain terms.
Common questions
What if I was never put on a performance improvement plan
Skipping a PIP, or any structured chance to improve, weakens the case for a fair dismissal. You keep the right to file a representation within 60 days regardless of how the review went.
Who has to prove the dismissal was fair
The employer does. You do not need to prove your own good performance from the start, since the law places the burden on the employer to show the process was fair.
Can I ask for a copy of my warning letters
Yes, you can ask your former employer for the records they relied on, including any warnings or appraisal notes. These documents matter if you decide to challenge the dismissal.
Does it help if a colleague with similar results was not dismissed
It can. A comparator who was treated differently for similar performance is relevant evidence, though it does not need to be an exact match to be useful.
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
- The burden of proving both the poor performance and the fairness of the dismissal process rests on the employer, not the employee, once a case reaches the Industrial Court 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 poor performance dismissal, a lawyer can explain them in plain terms.