Dismissed Over A Criminal Charge

You were charged with an offence, something still working its way through the courts, and long before any conviction, your employer decided to let you go.

A charge is only an accusation, not a finding of guilt. Malaysian employers who dismiss based on a charge alone still have to justify that decision as a misconduct dismissal, not treat it as settled fact.

Can I be dismissed just because I was charged?

An employer can consider a charge, especially where it relates directly to your job, but dismissal still requires a genuine, fair basis for acting before any conviction.

A charge for something entirely unconnected to your role is treated differently from one that goes directly to trust required for your specific job.

Does the presumption of innocence matter in an employment case?

The criminal case and your employment case are separate processes with different standards, so a charge alone does not prove misconduct occurred for employment purposes.

Your employer conducting its own investigation, rather than relying purely on the fact of a charge, is part of what a fair process looks like.

Who has to prove your dismissal was justified?

Your employer carries the burden of showing just cause or excuse for the dismissal, independent of whatever the criminal court eventually decides¹, the same standard used across unfair dismissal cases.

If you are later acquitted or the charge is dropped, that outcome can support your position, though it does not automatically undo an earlier dismissal on its own.

How long do you have to challenge the dismissal?

You have sixty days from the date of dismissal to file a Section 20 representation with the Director General of Industrial Relations².

If successful, remedies can include reinstatement or back wages capped at twenty four months for a confirmed employee and twelve months for a probationer³.

What should you do this week?

Gather the charge sheet or any document describing the allegation, and note whether your employer conducted any inquiry of its own before dismissing you.

Keep track of your criminal case’s progress, since developments there can support your employment claim. For a related situation, read about being dismissed without a domestic inquiry, and use the deadline calculator to check your sixty days.