Your Rights After An Unfair Dismissal
You want a plain summary of what rights you actually have after being dismissed from your job.
You keep hearing the word rights without a plain list of what that actually means for you.
Here are the specific rights that apply after an unfair dismissal, described in plain terms rather than legal shorthand.
What is the right to a fair reason?
Your employer needs just cause or excuse to dismiss you fairly, and they carry the burden of proving that if you challenge the dismissal1. You do not need to prove your own innocence first.
This right exists regardless of your job title, your salary, or how long you had worked there. It applies broadly across ordinary employment relationships in Malaysia.
What is the right to bring a claim in time?
You have sixty days from the date of your dismissal to file a Section 20 representation with the Director General of Industrial Relations2. That window is fixed and does not extend for personal circumstances.
This right is yours to use or not use, and choosing not to file within that time does not need to be explained to anyone.
What is the right to have your case fully heard?
If conciliation does not resolve things, your case moves forward to the Industrial Court rather than ending there. You have a right to that full process, not just to the initial complaint stage.
Neither side can simply choose to stop the process partway through once a representation has been properly filed.
What do these rights not promise?
None of these rights promise a specific outcome on their own. Back wages, where awarded, are capped at twenty four months for a confirmed employee, or twelve months for a probationer3.
Every case still has to be proven on its own facts before any remedy is decided. Understanding this distinction now helps you set realistic expectations before you begin anything further.
Reinstatement, where ordered, is the remedy the law frames first, with money following only if reinstatement is not practical in your particular case.
What should you do this week?
Write down the date of your dismissal and check it against the deadline calculator right away. Read what to do after being dismissed and how to prepare your case for the practical next steps.
A lawyer can confirm which of these rights matters most for your situation before you file a Section 20 representation.
A lawyer can walk through exactly which of these rights applies to your situation and what exercising them would involve.
Common questions
Do I have a right to know why I was dismissed?
You have a right to expect your employer can justify the dismissal with just cause or excuse if it is challenged. Asking for the reason in writing is a reasonable first step.
Do I have a right to file a claim regardless of my job title?
The Section 20 route covers workmen broadly, not just a narrow category of jobs. Confirm your specific position with a lawyer if you are unsure whether it applies to you.
Am I guaranteed compensation if I file a claim?
No outcome is promised simply by filing. Your case still needs to be heard and assessed on its facts before any remedy is decided.
Does filing a claim cost me my other entitlements?
Filing a Section 20 claim does not usually affect separate entitlements such as Employment Insurance System support. Ask a lawyer about your specific situation to be sure.
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
- Back wages awarded by the Industrial Court are capped at twenty four months for a confirmed employee, or twelve months for a probationer, assessed up to the last day of hearing. DNH
Keep reading
A lawyer can walk through exactly which of these rights applies to your situation and what exercising them would involve.