When Not To Claim Unfair Dismissal
You are wondering whether filing a claim is actually the right move for your particular situation.
Filing an unfair dismissal claim is not automatically the right move for every dismissal.
Some situations genuinely fit much better with a different response, and it helps to know which ones before you decide anything further.
When does a claim have less to work with?
If your employer followed a documented, consistent process and gave a specific, genuine reason for the dismissal, a claim has a harder starting point. That does not mean it is hopeless, only that expectations should be realistic from the start.
A single warning followed by a clearly explained decision looks very different from a dismissal with no explanation at all. A lawyer can help you tell which pattern your situation actually resembles.
Poor performance, handled fairly with feedback along the way, is one common example. A claim there faces a steeper climb than a dismissal that arrived with no warning at all.
What if your deadline has already passed?
Once the sixty day window closes, the Section 20 route generally closes with it1. At that point, other paths such as direct negotiation with your former employer, or support through the Employment Insurance System, become more relevant to your situation.
The Employment Insurance System offers a job search allowance for three to six months to workers who lost their job involuntarily, and it runs entirely separately from any dismissal claim2. Applying for it does not affect whether you also had a valid unfair dismissal case.
Is negotiating directly ever the better move?
Sometimes, especially where the relationship with your former employer is not entirely broken and a quicker resolution matters more to you than a formal process. This is worth exploring alongside understanding your legal position, not as a replacement for knowing it.
Knowing your position first tends to make any direct conversation more balanced, since you are negotiating from a clearer footing.
What should you do this week?
Confirm your exact deadline using the deadline calculator, since that number often decides which options remain open to you. Read is a claim worth it and what a claim costs alongside this guide before deciding your next step.
A short conversation with a lawyer can confirm quickly which category your situation actually falls into, before you commit to a Section 20 claim or a different path entirely.
A lawyer can give you an honest view of whether your case is strong enough to pursue, or whether another option fits your situation better.
Common questions
When does filing a claim usually not make sense?
When your employer followed a fair process, gave a genuine reason, and documented it clearly, a claim has less to work with. It can still be worth a lawyer's review, but expectations should be realistic.
What if the sixty day deadline has already passed?
The Section 20 route generally closes once that window passes, so other options such as direct negotiation or the Employment Insurance System become more relevant. A lawyer can confirm what is still open to you.
Is negotiating directly with my employer ever a better option?
Sometimes, particularly where the relationship is not entirely broken and a mutual agreement could resolve things faster than a formal claim. It is worth exploring alongside, not instead of, understanding your legal position.
Does choosing not to file mean giving up entirely?
No, it simply means the Section 20 route is not the best fit right now. Support such as the Employment Insurance System exists separately, regardless of whether you pursue a claim.
Sources
- 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
- The Employment Insurance System gives workers who lose their job involuntarily temporary financial help, including a job search allowance for three to six months, and applications must be made within sixty days of termination. Malaysia.gov.my
Keep reading
A lawyer can give you an honest view of whether your case is strong enough to pursue, or whether another option fits your situation better.