Glossary
Plain meanings for the legal terms you will meet, from Section 20 to back wages.
Plain meanings for the legal terms you will see in letters, at JPPM and in court.
Terms are grouped by topic. Each entry links to the page that explains it in full.
Ways a job can end
13
Dismissal, resignation under pressure, retrenchment and agreed exits.
What is unfair dismissal?You were let go and you are not sure your employer had a fair reason.What is constructive dismissal?You resigned because staying became impossible, and you want to know if that still counts.What is wrongful dismissal?You heard this phrase used and want to know if it is the same claim you have.Sacked on the spot?No warning, no notice and no pay in lieu, and you want to know if that is lawful.Retrenched? Check it was genuineYour employer says your position no longer exists, and you doubt it.Was your redundancy real?You were told your role is redundant, and you want to check that it is true.Offered a voluntary separation package?You have been offered a package to leave, and you are unsure whether to accept.Offered a mutual separation scheme?Your employer wants you to leave by agreement, and you want to check the terms.Forced to resign?You signed a resignation letter, but it did not feel like your own choice.Did you resign under pressure?You agreed to resign, but only because you felt cornered.Told to resign or be fired?You were given a choice between resigning and dismissal, and you need to answer carefully.What A Backdated Resignation MeansThe date on your resignation paperwork does not match what actually happened.What Mutual Separation MeansYou were offered a way to leave that your employer called a mutual decision.
The claim and the courts
15
Terms you will meet from the Section 20 filing to the Industrial Court.
What is just cause or excuse?Your employer says they had a good reason, and you want to know what that actually requires.What is a Section Twenty representation?You want to challenge your dismissal and keep hearing about this filing.Who is the Director General of Industrial Relations?You keep seeing this title on the forms and letters about your case.What is JPPM?This short form keeps appearing in letters about your dismissal claim.What is JTKSM?Someone told you to go here, but your situation is about being dismissed.What is conciliation?A meeting has been set to try to settle your dismissal claim.What is the Industrial Court?Your case did not settle and you keep hearing this name mentioned next.Do you count as a workman?A high salary does not stop you from challenging an unfair dismissal.Were you heard before being dismissed?Even a real reason does not excuse an unfair process.Who must prove the dismissal was fair?You do not have to prove your innocence before the court will listen.What Cause Papers MeansYou were told to file cause papers before your Industrial Court hearing.What A Statement Of Case IsYou need to set out your side of the story in writing before your hearing.What A Mention At Court MeansYou have a short court date coming up and are not sure what to expect.What Form F Is Used ForYou were told to use a specific form to file your dismissal claim.What A Witness Statement IsSomeone who saw what happened may need to put their account in writing.
Money and outcomes
10
What a claim can lead to and the pay you are owed when a job ends.
What is an Industrial Court award?Your case reached a hearing and you want to know what the decision is called.What are back wages?The pay you lost while out of work, and how much of it you can recover.Compensation instead of your job backWhen going back to the same job is not realistic, this payment may replace it.Can you get your old job back?Reinstatement is the main remedy in the law, though it is not always the outcome.Your job back or a payment?The two main outcomes of a successful claim, and what decides between them.Were you given enough notice?Your employer owes you notice or pay in place of it, and you can check which.What should your final payout include?The money owed to you when your job ends, whether or not the dismissal was fair.What Without Prejudice MeansA settlement offer arrived marked without prejudice and you are unsure what that changes.What Final Pay Should IncludeYou want to check that your last payslip covers everything you are owed.What Last Drawn Salary MeansYou want to know which pay figure a dismissal claim is counted from.
Discipline and performance
9
Letters, inquiries, warnings and performance plans.
Called to a domestic inquiry?Your employer is holding a hearing that could decide whether you keep your job.Got a show-cause letter?Your employer wants a written explanation from you before deciding what to do.Dismissed for misconduct?Your employer called it misconduct, but the label does not settle whether it was fair.Dismissed for poor performance?You were told your work was not good enough, and your job is now at risk.Put on a performance plan?You have been told your job depends on hitting the plan's targets.Dismissed for speaking up?You think you were targeted for something you said or did, not for your work.Dismissed after raising a concern?You reported wrongdoing at work, and now your job feels at risk.What Garden Leave MeansYou were told to stay home for your notice period and want to know what that means.What Being Suspended MeansYou were told to stay home while an allegation against you is looked into.
Contracts and worker status
11
Probation, fixed terms, contractor status and breach of contract.
Dismissed during probation?Being on probation does not take away your right to challenge an unfair dismissal.Were you ever confirmed in your job?Whether your probation formally ended can change what your claim is worth.Fixed-term contract ended early?A set end date does not always stop you from challenging how it ended.Is your fixed term really fixed?Your contract keeps being renewed, and you doubt it is still temporary work.Called a contractor, treated like staff?Your paperwork says contractor, but your daily work felt like an ordinary job.Does the law treat you as an employee?Dismissal protection depends on how you really worked, not on your job title.Did waiting weaken your claim?You kept working after the breach, and you worry that hurt your case.What A Repudiatory Breach MeansYour employer broke a promise in your contract and you are unsure if it counts.What A Fundamental Breach MeansYour employer changed something you thought was a core part of your job.How Workforce Policy Affects RetrenchmentYour employer pointed to a workforce policy to explain why you were picked.What Happens To Your Work PermitYou are a foreign worker and losing your job also puts your permit in question.
Laws and benefits
11
The main laws, and the government schemes that support workers.
Why were you picked for layoff?Some colleagues were kept while you were let go, and you want to know why.What the Code of Conduct saysGuidance on how employers should handle a retrenchment, and how far it counts.Your basic rights at workThe law behind your notice, leave and pay, and what it does not decide.The law behind your dismissal claimThis Act is where your right to challenge an unfair dismissal comes from.The back wages cap explainedThe part of the law that limits how much back pay a court can award.Income help after losing your jobA government scheme can pay you while you look for work, on top of any claim.What PERKESO does after job lossThe agency that pays job loss support, which is separate from your dismissal claim.What SOCSO coversSOCSO does not pay after job loss, so here is which scheme does.What happens to your EPF savings?Your retirement savings stay yours, but check your employer paid its final share.What The Sabah Labour Ordinance CoversYou work in Sabah and want to know which law sets your basic rights.The Sarawak Labour Ordinance ExplainedYou work in Sarawak and wonder whether Peninsular employment rules apply to you.
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