Myths about misconduct dismissal in Malaysia
Some things you have heard about misconduct dismissal are not true under the law.
What are the biggest myths about misconduct dismissal?
The biggest myth is that filing a representation means a payout. Filing does not promise any result, and the outcome depends on what the facts show once they are examined.
The next is that you must prove your own innocence before anyone takes your case seriously. The burden sits with the employer to justify the dismissal, the opposite of what many employees assume.1
What are the myths about money and time?
Some employees believe there is no limit on what they could receive. That is wrong: back wages are capped, and the cap is lower for a probationer than for a confirmed employee.2
Another myth is that the deadline is flexible if your circumstances are hard. It is not: the 60-day window applies however much you were dealing with.3
A last myth is that signing a settlement or resignation letter under pressure does not matter much. It can matter a great deal, since these papers may close off rights you did not know you were giving up.
How do you get past the myths?
Check your actual dates on the 60-day deadline calculator instead of relying on what others told you. The page on dismissal for misconduct lays out how the process works, stage by stage.
For the filing step, the Section 20 representation page explains what is involved. If your case overlaps with performance issues, read myths about poor performance dismissal.
If you want a lawyer to act, an independent employment lawyer can look at your papers and take it forward if it holds up.
If you are seriously considering a claim over your misconduct dismissal, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send the show-cause letter and any inquiry papers. An independent employment lawyer can tell you whether it is a case they can take on.
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 filing a claim mean I will be paid?
No outcome is promised by filing alone. A representation opens a process where the facts are examined, and the result depends on what the evidence shows.
Do I have to prove I did nothing wrong?
No, this is one of the most common myths. The employer has to prove the dismissal was fair, so you can spend your early effort on keeping evidence.
Is there no real limit on how much I could get?
There is a real limit. Back wages have a fixed cap that is lower for a probationer than for a confirmed employee, so learn it before you form expectations.
Can I file whenever I am ready?
No. The filing window is 60 days from your dismissal and does not extend because you needed more time to decide. Treat the date as fixed from day one.
Sources
- In an unfair dismissal case the burden falls on the employer to prove the dismissal was for just cause or excuse Mah Weng Kwai & Associates
- Back wages awarded by the Industrial Court are capped at 24 months for a confirmed employee and 12 months for a probationer DNH
- An employee who believes a dismissal had no just cause or excuse can file a written representation to the Director General of Industrial Relations within 60 days of the dismissal Mah Weng Kwai & Associates
Keep reading
If you are seriously considering a claim over your misconduct dismissal, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send the show-cause letter and any inquiry papers. An independent employment lawyer can tell you whether it is a case they can take on.
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.