What is wrongful dismissal?

Wrongful dismissal and unfair dismissal sound alike, but they come from different parts of the law. Knowing which one fits your case changes where you file.

What does wrongful dismissal mean?

Wrongful dismissal is a common law contract claim. It asks whether your employer ended your contract the way the contract required, such as whether you got the notice or notice pay you were owed.

It does not ask whether the reason was fair. A dismissal can follow every notice rule in your contract and still be unfair.

Why does it matter to you?

Most workers in Malaysia who lose their job over a disputed reason use the unfair dismissal route. It examines the reason and the process together, and it is heard through a government department, not a private lawsuit.

Wrongful dismissal claims are less common here. They usually sit alongside an unfair dismissal filing, when notice pay is the specific dispute.

How is this different from unfair dismissal?

Ask what you are actually disputing. If it is the reason you were let go, or whether you had a chance to respond, unfair dismissal is the stronger, more direct route.

If it is only that your notice period was not paid out correctly, that narrower dispute is closer to wrongful dismissal.

Do not let the terminology slow you down. An unfair dismissal claim has a strict 60-day deadline, which you can check on the deadline calculator.

If you want a lawyer to act on your dismissal, send the date and what happened to an independent employment lawyer. They can review which claim fits and whether it is a case they can take on.