Your Role Suddenly Made Redundant
With no warning at all your position was declared redundant and eliminated.
No consultation, no warning signs, just a meeting where you were told your position no longer existed. The suddenness itself feels like part of the problem.
A genuine redundancy usually comes with some process, even a short one. A role eliminated overnight, with no consultation at all, is worth examining closely as a possible retrenchment redundancy issue.
Does redundancy require any advance warning or consultation?
Malaysian guidance under the Code of Conduct for Industrial Harmony favours giving affected employees reasonable notice and considering alternatives before a retrenchment takes effect.
That guidance is persuasive rather than strictly binding, but a complete absence of consultation is still a factor the Industrial Court weighs when assessing unfair dismissal fairness.
Was I selected fairly compared with others in my role?
Malaysian practice favours Last In First Out as the conventional, objective way to choose who is retrenched, and any departure from it needs sound reasons1.
If others in a similar position with less seniority than you were kept on, ask why, and note the answer you receive.
Who has to prove the redundancy was genuine?
Your employer carries the burden of showing the redundancy was real and handled fairly, not simply that a meeting announced it2.
A vague or shifting explanation for why your specific role, and not another, was chosen weakens their position considerably.
How long do you have to challenge this?
You have sixty days from the date of retrenchment to file a Section 20 representation with the Director General of Industrial Relations3.
Separately, you may also be able to apply to PERKESO for Employment Insurance System support, which does not affect any unfair dismissal claim you bring.
What should you do this week?
Write down exactly what you were told, including the stated business reason, and compare it against your actual severance calculation.
If new hiring appeared soon after your role ended, read about being retrenched while the company kept hiring, and use the deadline calculator to track your window.
Sharing exactly what you were told at that meeting helps a lawyer judge how genuine the redundancy really was.
Common questions
Is any consultation legally required before a redundancy?
There is no single rigid rule requiring formal consultation in every case, though established guidance favours giving notice and considering alternatives. Its complete absence is a factor that can support your case.
What if I was the only one made redundant in my department?
Being singled out alone in a department, especially without a clear selection process, invites closer scrutiny of whether the redundancy was genuine or targeted at you specifically.
Does my severance pay depend on whether the redundancy was fair?
Statutory termination benefits are generally owed regardless, but a successful unfair dismissal claim can add further remedies such as back wages if the redundancy is found not to be genuine.
Can I still search for a new job while pursuing a claim?
Yes, searching for new work does not affect your ability to pursue a claim, and any earnings may be relevant to how back wages are eventually calculated if your case succeeds.
Sources
- Last In First Out is the conventional, objective retrenchment selection principle, and an employer who departs from it must justify the departure with sound reasons. Richard Wee Chambers
- 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
Keep reading
Sharing exactly what you were told at that meeting helps a lawyer judge how genuine the redundancy really was.