Fired After Complaining About Harassment
You reported harassment at work and soon after that your employer let you go.
You spoke up about harassment at work, and soon after, your employer let you go.
The timing feels like more than a coincidence, and it may be exactly the evidence your case needs.
Can a dismissal after a complaint be challenged as unfair?
Malaysia does not have a separate lawsuit for retaliation on its own. A dismissal that follows a harassment complaint is challenged the same way any other dismissal is, through a Section 20 representation.
Your employer still carries the burden of proving a fair reason existed for ending your employment1. If the real reason was your complaint, that explanation does not meet the standard the law expects.
What forms can retaliation take besides outright dismissal?
Retaliation is not always a termination letter. It can arrive as a sudden transfer to a worse role, exclusion from meetings you used to attend, or a harsh review that appears right after your complaint.
If you are still employed but treated differently since you spoke up, keep a record of what changed and when. That record can matter later even if you are never formally dismissed.
How does the timing between your complaint and dismissal help?
A dismissal that lands close to your complaint date invites more scrutiny of the reason your employer gives. Both an officer at conciliation and the Industrial Court look at whether the stated reason matches your recent record.
Save the complaint itself, the date you made it, and any messages showing how you were treated before and after. A clear gap between your record and the sudden criticism strengthens your position.
How long do you have to act?
You have sixty days from the date of your dismissal to file a Section 20 representation with the Director General of Industrial Relations2. Once conciliation fails, your case moves directly to the Industrial Court3.
What should you do this week?
Write down the exact date of your complaint and the exact date of your dismissal while the details are still fresh. Use the deadline calculator to confirm how many days you have left.
A lawyer can look at how closely the two events line up and tell you whether the timing supports a stronger unfair dismissal claim. Read more about whistleblower retaliation or the related situation of being dismissed for refusing an order if that also applies to you.
A lawyer can compare the date of your complaint against the date of your dismissal and tell you whether that gap strengthens your position.
Common questions
Does Malaysian law have a separate claim for retaliation?
No, there is no standalone retaliation lawsuit for this situation. A dismissal that follows a complaint is challenged through the same Section 20 unfair dismissal route as any other dismissal, with the timing used as evidence.
What if I was not dismissed, just treated worse?
Demotion, exclusion, or a sudden bad review after a complaint can still matter later, even without a formal dismissal. Keep a written record of what changed and when it started.
Does my employer have to prove the dismissal was unrelated?
Your employer carries the burden of showing a fair reason for the dismissal. If the true reason was your complaint, that explanation will not meet the standard the law expects of them.
How long do I have to act after being dismissed?
You have sixty days from your dismissal date to file a Section 20 representation. That window applies whether or not your dismissal followed a harassment complaint, so treat it as fixed.
Sources
- In an unfair dismissal case, the burden of proof rests on the employer to show just cause or excuse for the dismissal. Mah Weng Kwai & Associates
- An employee who believes they were dismissed without just cause or excuse may file a Section 20 representation with the Director General of Industrial Relations within sixty days of the dismissal. Mah Weng Kwai & Associates
- Since the Industrial Relations (Amendment) Act 2020 came into force, a case that fails at conciliation is referred directly to the Industrial Court by the Director General, without ministerial screening. MECA
Keep reading
A lawyer can compare the date of your complaint against the date of your dismissal and tell you whether that gap strengthens your position.