How An Industrial Court Case Works
Your case is at the Industrial Court and you want the steps in order.
An Industrial Court case has three parts: registration, the hearing and the award. Each has its own pace.
What happens when the case arrives?
Your case is registered with the court, and JPPM confirms which branch hears it. The court sits nationwide, with its headquarters in Kuala Lumpur and branches in Penang, Ipoh, Johor Bahru, Kota Kinabalu and Kuching.1
Dates are then set for the hearing. Both sides begin gathering documents and, where needed, witnesses.
What happens at the hearing?
Your employer presents its case first, because it has to prove just cause or excuse for the dismissal.2
Documents such as your contract, warning letters and appraisals carry more weight than memory alone.
What happens after the hearing?
The court issues its decision, called an award. Some cases settle before that point, so not every case reaches a full award.
What tends to surprise people?
The pace can feel slow, because hearing dates fit around the court’s wider schedule. Gaps between hearings are normal and do not mean something is wrong.
The formality can also come as a shock after conciliation. Knowing this in advance helps.
How do you prepare?
Read about the Industrial Court and the Section 20 representation that comes before it. The guide to the steps to file your claim covers the earlier stage.
To see how a lawyer fits in, read what working with a lawyer looks like.
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 at the steps ahead.
If you want a lawyer to run 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 handle the claim if it is worth pursuing.
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 first step at the court?
The case is registered, and JPPM confirms which branch hears it. Dates are then set for it to be heard.
What happens at the hearing?
Both sides present their case. Your employer goes first, because it has to prove the dismissal was fair, and documents matter more than memory.
What comes after the hearing?
The court gives its decision, called an award, based on the evidence. The timing depends on the case and the court's schedule.
Can the case settle before a full hearing?
Yes. Settlement is possible at more than one point, and some cases end before a full award.
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 want a lawyer to run 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 handle the claim if it is worth pursuing.
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.