Unfair Dismissal Questions Answered
You lost your job and want to know whether you can challenge it.
Unfair dismissal questions
Losing a job without warning or a clear reason is unsettling. The law gives you a specific route to challenge it.
These are the questions workers in that position ask most often.
What counts as unfair dismissal in Malaysia?
It is a dismissal without just cause or excuse: the employer cannot show a fair reason or a fair process.
It can include sudden termination, a forced resignation, or a contract left to lapse when the role was really permanent.
The employer carries the burden of proof, not the worker.1
Who is allowed to make a claim?
Any employee (the law says workman) dismissed without just cause or excuse can lodge a representation under Section 20, including staff earning above RM4,000 a month.2
Some Employment Act benefits are limited by wage, but this route is not.
Do I need a lawyer to start?
No. A lawyer is not required to lodge the first representation, and lawyers cannot appear at the early conciliation stage.
Some workers still speak to an employment lawyer first so the facts are set out clearly from the start.
How long do I have to act?
You generally have 60 days from the date of dismissal to submit a written representation.
Missing this window can end your case before it is heard, so count from the dismissal date.
What if I resigned instead of being fired?
If you were pressured into resigning, it may still count as a dismissal.
That is called constructive dismissal, and it has its own test.
What can I actually receive if I win?
Remedies typically include reinstatement or compensation in place of it, plus back wages for the period the case took.
The amount depends on the facts of your case.
What should I do right now?
Write down the dismissal date and gather your contract, termination letter and any messages about the dismissal.
Then check the 60-day window with the deadline calculator, and read how a Section 20 representation works.
If you want a lawyer to act on your claim, send the dismissal date and what happened to an independent employment lawyer. They can review the facts and reply on whether and how they can take it forward.
If you think you were dismissed unfairly and want a lawyer to act, send the date and what happened. 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 counts as unfair dismissal in Malaysia?
It is a dismissal without just cause or excuse: the employer cannot show a fair reason or a fair process. It can include sudden termination, a forced resignation, or a contract left to lapse when the role was really permanent. The employer carries the burden of proof, not the worker.
Who is allowed to make a claim?
Any employee (the law says workman) dismissed without just cause or excuse can lodge a representation under Section 20, including staff earning above RM4,000 a month. Some Employment Act benefits are limited by wage, but this route is not.
Do I need a lawyer to start?
No. A lawyer is not required to lodge the first representation, and lawyers cannot appear at the early conciliation stage. Some workers still speak to an employment lawyer first so the facts are set out clearly from the start.
How long do I have to act?
You generally have 60 days from the date of dismissal to submit a written representation. Missing this window can end your case before it is heard, so count from the dismissal date.
What if I resigned instead of being fired?
If you were pressured into resigning, it may still count as a dismissal. That is called constructive dismissal, and it has its own test.
What can I actually receive if I win?
Remedies typically include reinstatement or compensation in place of it, plus back wages for the period the case took. The amount depends on the facts of your case.
What should I do right now?
Write down the dismissal date and gather your contract, termination letter and any messages about the dismissal. Then check the 60-day window against today's date.
Sources
- The burden of proof lies on the employer to show that a dismissal was for just cause and excuse. Mah Weng Kwai & Associates
- The unfair dismissal route under Section 20 covers all workmen, including employees earning above RM4,000 a month, even though some Employment Act benefit provisions are limited by wage. MECA, Industrial Relations Act 1967 Guide
Keep reading
If you think you were dismissed unfairly and want a lawyer to act, send the date and what happened. 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.