How the legal process works
From your first written claim to a decision, here is the path in order.
The route through an unfair dismissal claim is the same across Malaysia. Knowing the order helps you see what to do now and what comes later.
Step one: lodge a representation
If you believe you were dismissed without a fair reason, you ask to be reinstated in writing to the Director General of Industrial Relations. You have 60 days from your dismissal to do it.1
This first step is the one with a hard deadline. See how to lodge a Section 20 representation, and check your timing on the deadline calculator.
Step two: conciliation at JPPM
Your representation goes to the Industrial Relations Department, which arranges conciliation. An officer meets both sides to look for a settlement.
Lawyers do not speak for you at this stage, though preparing with one beforehand is common. Many matters settle here.
Step three: the Industrial Court
If there is no settlement, the matter is referred directly to the Industrial Court for a decision.2 This is where each side presents its case and the Court decides whether the dismissal had just cause.
Step four: the outcome
The claim asks for your job back. In practice the Court often orders money instead, especially where trust has broken down.
The main awards are reinstatement, or back wages and compensation in place of your job. What fits depends on your facts, and no one can promise a figure in advance.
Knowing the whole path in advance takes some of the fear out of it. Each step has a purpose, and most claims are resolved well before the final one. A short message helps you see where you stand on this route.
If you want the process explained for your own situation, tell us what happened and we will walk you through what comes next.
Common questions
How long does the whole process take?
It varies with each case and the court's list. Conciliation can happen within a few months, while a matter that goes to a full hearing takes longer. The one fixed point is the 60-day deadline to start, so acting early matters most.
Do I need a lawyer at every stage?
Lawyers do not represent you at conciliation, though many people prepare with one first. If the matter goes to the Industrial Court, that is where legal representation usually helps most.
Can the case settle before a hearing?
Yes, and many do. Conciliation exists to help both sides reach a settlement, and a matter can also settle later. A settlement can cover money, a reference, or other terms you agree.
Sources
- An unfairly dismissed employee may lodge a written representation to the Director General of Industrial Relations within 60 days of the dismissal, seeking reinstatement (Section 20, Industrial Relations Act 1967). Mah Weng Kwai & Associates, Unfair Dismissal
- Since the Industrial Relations (Amendment) Act 2020 came into force on 1 January 2021, the Director General refers a case that does not settle at conciliation directly to the Industrial Court. MECA, Industrial Relations Act 1967 Guide
Keep reading
If you want the process explained for your own situation, tell us what happened and we will walk you through what comes next.