Dismissed Over A Misconduct Claim
You are accused of misconduct you dispute and the punishment feels excessive.
You are accused of something you either did not do, or did in a much smaller way than the version your employer is using to justify dismissing you.
Not every mistake at work justifies losing your job. Malaysian misconduct dismissal cases often turn on whether the punishment fit what actually happened, a question at the heart of unfair dismissal law.
Does the punishment have to match the misconduct?
Broadly yes. Dismissal is meant to be reserved for misconduct serious enough to justify ending the relationship, not every rule breach or mistake.
A first time, minor lapse treated with instant dismissal, when a warning would usually apply, can itself suggest the real reason for dismissal lies elsewhere.
What if I genuinely disagree with the facts alleged?
Write your version of events in detail while it is fresh, including dates, people involved, and anything that contradicts the allegation.
If there were witnesses to what actually happened, note their names, even if you cannot yet contact them. Their account may matter later.
Who has to prove the misconduct took place?
Your employer carries the burden of proving both that the misconduct happened and that dismissal was a fair response to it1.
A disputed set of facts, without clear evidence on your employer’s side, makes that burden harder for them to meet.
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 the claim succeeds, 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?
Compare your case against how the company has handled similar incidents involving other staff, if you know of any.
Ask for a copy of the company’s disciplinary policy so you can see whether dismissal matches its own stated scale of penalties. If no hearing happened before this decision, read about being dismissed without a domestic inquiry, and use the deadline calculator to check your sixty days.
Walking a lawyer through exactly what happened, in your own words, helps them see whether the response was proportionate.
Common questions
Can I be dismissed for a first time, minor mistake?
It depends on how serious the mistake genuinely was and what your employer's own disciplinary policy says about penalties. A first offence treated as severely as repeated serious misconduct can support an argument that the response was disproportionate.
What if I admit part of the allegation but not all of it?
Be precise about what you accept and what you dispute, since mixing the two can weaken your position. A clear, honest account of exactly what happened usually serves you better than denying everything outright.
Does it matter how long I had worked there before this happened?
Length of service alone does not decide the case, but a long, clean record can support an argument that dismissal was a disproportionate first response. Bring your full employment history to a lawyer for context.
Should I apologise if I think I made a genuine error?
A genuine, honest response to a fair process is reasonable, but be careful about wording that could be read as accepting a more serious version of events. Keep a copy of anything you send.
Sources
- In an unfair dismissal case the burden of proof rests on the employer to show just cause or excuse for what happened. Mah Weng Kwai & Associates
- An employee who believes they were dismissed without just cause may file a Section 20 representation 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 and twelve months for a probationer. DNH
Keep reading
Walking a lawyer through exactly what happened, in your own words, helps them see whether the response was proportionate.