Industrial Court Questions Answered Plainly
Your case is heading to court and you want to know what to expect.
Industrial Court, explained for workers
Once a case is referred to the Industrial Court, the process becomes more formal. Knowing what to expect helps.
These are the questions workers ask most about this stage.
What is the Industrial Court?
It is the dedicated court that hears unfair dismissal claims when conciliation at the Department of Industrial Relations does not settle the matter.
It is separate from the ordinary civil courts and deals only with employment disputes.
Where is the Industrial Court located?
Its headquarters is in Kuala Lumpur, with branches including Penang, Ipoh, Johor Bahru, Kota Kinabalu and Kuching.1
JPPM confirms which branch hears your case.
How does a case reach the Industrial Court?
It starts with a Section 20 representation. If conciliation fails, the Director General refers the matter directly to the court.
You do not file a separate application.
Do I need a lawyer at the Industrial Court?
A lawyer may represent you at this stage, unlike at conciliation, and many workers choose an employment lawyer.
It is not compulsory, but the process is more formal than the earlier stages.
What can the court award if I win?
Remedies typically include reinstatement or compensation in place of it, plus back wages for the case period.
Back wages are generally capped at twenty four months for confirmed staff and twelve months for probationers.2
How long does a case usually take?
It varies widely with the court’s caseload and the complexity of the dispute, so there is no fixed number to rely on.
Preparing well from the start helps.
Can the court’s decision be appealed?
Yes. An award can be challenged through judicial review at the High Court, but only on limited legal grounds.
It is a separate and more technical process from the original claim.
If you want a lawyer to represent you, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send the referral and your documents directly to that lawyer. They can review the facts and reply on whether and how they can act.
If your case is heading to the Industrial Court and you want a lawyer to represent you, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send the referral and your documents. An independent employment lawyer can review the facts and reply on whether and how they can act.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.
Common questions
What is the Industrial Court?
It is the dedicated court that hears unfair dismissal claims when conciliation at the Department of Industrial Relations does not settle the matter. It is separate from the ordinary civil courts and deals only with employment disputes.
Where is the Industrial Court located?
Its headquarters is in Kuala Lumpur, with branches including Penang, Ipoh, Johor Bahru, Kota Kinabalu and Kuching. JPPM confirms which branch hears your case.
How does a case reach the Industrial Court?
It starts with a Section 20 representation. If conciliation fails, the Director General refers the matter directly to the court, and you do not file a separate application.
Do I need a lawyer at the Industrial Court?
A lawyer may represent you at this stage, unlike at conciliation, and many workers choose one. It is not compulsory, but the process is more formal than the earlier stages.
What can the court award if I win?
Remedies typically include reinstatement or compensation in place of it, plus back wages for the case period. Back wages are generally capped at twenty four months for confirmed staff and twelve months for probationers.
How long does a case usually take?
It varies widely with the court's caseload and the complexity of the dispute, so there is no fixed number to rely on. Preparing well from the start helps.
Can the court's decision be appealed?
Yes. An award can be challenged through judicial review at the High Court, but only on limited legal grounds. It is a separate and more technical process from the original claim.
Sources
- The Industrial Court sits at its Kuala Lumpur headquarters with branches including Penang, Ipoh, Johor Bahru, Kota Kinabalu and Kuching. Mahkamah Perusahaan Malaysia, contact
- Back wages at the Industrial Court are generally capped at twenty four months pay for a confirmed employee and twelve months for a probationer under the Second Schedule of the Industrial Relations Act 1967. Donovan & Ho
Keep reading
If your case is heading to the Industrial Court and you want a lawyer to represent you, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send the referral and your documents. An independent employment lawyer can review the facts and reply on whether and how they can act.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.