How to tell if your dismissal was unfair
You know it felt wrong, and you want a way to check it.
How do you know if a dismissal was unfair?
There is no single test you can run alone, but one question comes first. Did your employer have a real reason and a fair process?
Under Malaysian law a dismissal is unfair when the employer cannot show just cause or excuse, and that burden sits with the employer, not with you.1 You do not need to prove your own innocence before you act.
What makes a dismissal fair in law?
A fair dismissal has two parts. The first is a genuine reason, such as proven misconduct, weak performance after warnings, or a real redundancy.
The second is a process before the decision is final: a chance to respond, a warning or an inquiry. Being sacked on the spot over one complaint, with no chance to explain, is easy to challenge.
A vague reason such as “restructuring” with no detail is worth checking closely, not accepting at face value.
What should you do if you are still unsure?
Write a short timeline: the reason your employer gave, what happened before that, and any warnings or reviews you received. Check your dates with the deadline calculator so the timeline is not a guess.
You have 60 days from the dismissal date to lodge a written representation with the Director General of Industrial Relations.2 Read how unfair dismissal differs from wrongful dismissal to see which route fits your facts.
The common mistakes after being fired explain how to avoid losing evidence while you decide.
A decision can feel harsh and still be defensible, and a calmly delivered one can still lack a real reason. Read your timeline again after a day or two, once the first shock has settled, because you may notice details you missed.
If you want a lawyer to act on it, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send the timeline directly to that lawyer, who can review whether it is a case they can take on.
If you believe your dismissal was unfair and want to challenge it, an independent employment lawyer can review what your employer said and did. They 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
Does it matter if I was a bad fit for the role?
Being told you were not a good fit is not, by itself, a reason a court will accept without more. What matters is whether there was a genuine performance issue, a fair chance to improve, and a process before the decision, rather than a label with no detail behind it.
Can a dismissal be unfair even if the company followed a policy?
Yes. A company policy is not the same as the law, and following an internal procedure does not automatically make a dismissal fair. What the Industrial Court looks at is whether there was a genuine reason and whether you had a real chance to respond.
What if I was never given a warning?
For performance or conduct issues, a total lack of warning or of a chance to explain is a strong sign worth raising. It does not decide the case alone.
I already signed a termination letter, does that end my options?
Signing usually just acknowledges receipt, not that you agree the dismissal was fair. Read what you actually signed and keep a copy, then act inside the deadline rather than assuming the signature closed the door.
Sources
- The burden falls on the employer, not the employee, to prove the dismissal was for just cause or excuse. Mah Weng Kwai & Associates
- A worker has 60 days from the dismissal date to lodge a written representation with the Director General of Industrial Relations. Mah Weng Kwai & Associates
Keep reading
If you believe your dismissal was unfair and want to challenge it, an independent employment lawyer can review what your employer said and did. They 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.