Your rights after a misconduct dismissal
You were dismissed over alleged misconduct and want to know what you can still do.
What rights do you have after a misconduct dismissal?
You keep the right to challenge a dismissal that had no just cause, even when the reason given was misconduct. You can file a written representation within 60 days of the dismissal, however serious the allegation sounded.1
An accusation is not proof. Your employer still has to show both a genuine reason and a fair process before a decision against you can stand.2
What does a fair process look like?
You should normally know what you are accused of and get a genuine chance to respond, even where no full domestic inquiry is held. This is a matter of fairness, not a rigid rule with one fixed format.
Separately, the Employment Act sets baseline entitlements, and since the 2022 amendments its core protections apply regardless of wage level.3 Being accused of misconduct does not remove you from that coverage.
The Employment Act and the right to challenge an unfair dismissal work side by side. Neither replaces the other.
How do you turn your rights into action?
Check your dates on the 60-day deadline calculator, since a right not used in time cannot be enforced later. The page on dismissal for misconduct sets out what a fair process looks like.
If you decide to file, the Section 20 representation page explains the step. For the same question for probationers, read your rights after a probation dismissal.
If you want a lawyer to act on these rights, send your key dates to an independent employment lawyer. They can review them and reply about whether they can take it on.
If you believe your rights were breached in a 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
Do I have a right to a formal inquiry before dismissal?
Not an absolute one, but a fair process is still expected. You should normally know what you are accused of and get a genuine chance to respond, even where no full inquiry is held.
Who has to prove the misconduct actually happened?
Your employer does. You do not need to prove your innocence, since the law places the burden on the employer to show the allegation was true and the process fair.
Does the Employment Act still protect me if I was accused of misconduct?
The Employment Act applies to employees regardless of wage since the 2022 amendments, and an accusation does not remove that coverage. Your exact entitlements can still depend on your contract.
What if I was dismissed on the spot with no notice?
Summary dismissal without notice is allowed for serious misconduct, but your employer still needs a genuine reason. A dismissal is not lawful just because it was sudden.
Sources
- 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
- 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
- The 2022 amendments to the Employment Act took effect on 1 January 2023 and extended core protections to employees regardless of wage level Malay Mail
Keep reading
If you believe your rights were breached in a 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.