How To Prepare For The Industrial Court
Your hearing is coming and you want your papers and plans ready.
Preparing means sorting your documents by date and knowing where the hearing will be. Start with your contract, the dismissal letter, and any warnings or appraisals linked to the reason given.
Why does your record matter?
Your employer has to prove the dismissal was fair.2 A clear, dated set of records helps you follow its case and answer it.
Keep every message about the dismissal, including short ones. Small details can matter at a hearing, and a date on a message can settle an argument.
Where will your case be heard?
JPPM confirms which branch hears your case. The court sits nationwide, with its headquarters in Kuala Lumpur and branches in Penang, Ipoh, Johor Bahru, Kota Kinabalu and Kuching.1
Ask JPPM early which branch will hear your case. Plan for the travel.
What about witnesses?
If a colleague can speak to what happened, note their name and what they saw while memories are fresh. Not every case needs a witness.
Still, having the option ready is better than finding out too late that nobody wrote anything down.
What do you do with what you gather?
Read about the Industrial Court to see what a hearing involves. If you have not yet filed, read how to prepare to file your claim.
To get ready for a lawyer, read how to prepare for a first conversation.
If you want a lawyer to act for you, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send your dismissal date and the referral letter. An independent employment lawyer can review the facts and reply about whether and how they can act.
If you are preparing your Industrial Court case, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send the referral letter and your dismissal date. An independent employment lawyer can tell you how they would act on it.
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
Which documents matter most?
Your contract, dismissal letter, warnings or appraisals, and messages about the reason given. Organised, dated papers beat a pile of loose ones.
Which branch will hear my case?
JPPM confirms which branch hears your case, so ask early. The court has its headquarters in Kuala Lumpur and branches in Penang, Ipoh, Johor Bahru, Kota Kinabalu and Kuching.
Do I need witnesses?
Not always, but a colleague who saw the events can support your account. Note their name and what they saw while it is fresh.
How early should I start?
As soon as the case is referred. Sorting documents and thinking through your timeline takes real time.
Sources
- The Industrial Court sits nationwide with its headquarters in Kuala Lumpur and branches in Penang, Ipoh, Johor Bahru, Kota Kinabalu and Kuching Mahkamah Perusahaan Malaysia, contact
- The burden of proving just cause or excuse for a dismissal rests on the employer, not the employee, once a case reaches the Industrial Court Mah Weng Kwai & Associates
Keep reading
If you are preparing your Industrial Court case, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send the referral letter and your dismissal date. An independent employment lawyer can tell you how they would act on it.
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.