Fired after complaining about harassment?
You reported harassment at work and soon after, your employer let you go.
Can a dismissal after a complaint be challenged as unfair?
Yes, but not as a separate lawsuit. Malaysia has no standalone retaliation claim, so you challenge it through a Section 20 representation, like any other dismissal.
Your employer must prove a fair reason for ending your employment.1 If the real reason was your complaint, that will not meet the standard the law expects.
What forms can retaliation take besides dismissal?
Retaliation is not always a termination letter. It can be a sudden transfer to a worse role, exclusion from meetings you used to attend, or a harsh review right after your complaint.
If you are still employed but treated differently since you spoke up, keep a record of what changed and when. It can matter later even if you are never formally dismissed.
How does the timing help your case?
A dismissal close to your complaint invites a closer look at the reason your employer gives. Both the conciliation officer and the Industrial Court ask whether that reason matches your record.
Save the complaint, the date you made it, and any messages showing how you were treated before and after. A clear gap between your record and the sudden criticism strengthens your position.
How long do you have to act?
You have 60 days from the dismissal to file a Section 20 representation with the Director General of Industrial Relations.2
If conciliation fails, the case goes directly to the Industrial Court.3
What should you do this week?
Write down the exact date of your complaint and the exact date of your dismissal while the details are fresh. Use the deadline calculator to see how many days you have left.
If you want someone to act on this, a lawyer can review how closely the two events line up and take forward an unfair dismissal claim if there are grounds.
You can also read more about whistleblower retaliation, or about being dismissed for refusing an order if that applies to you too.
If you were dismissed after complaining about harassment, an independent employment lawyer can compare the dates and act on a retaliation claim if you have grounds.
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 Malaysian law have a separate claim for retaliation?
No. A dismissal that follows a complaint is challenged through the same Section 20 unfair dismissal route as any other dismissal. The timing is used as evidence.
What if I was not dismissed, just treated worse?
A demotion, exclusion or sudden bad review after a complaint can still matter later. Keep a written record of what changed and when it started.
Does my employer have to prove the dismissal was unrelated?
Your employer must show a fair reason for the dismissal. If the true reason was your complaint, that will not meet the standard the law expects.
How long do I have to act after being dismissed?
You have 60 days from your dismissal date to file a Section 20 representation. The window is the same whether or not a harassment complaint came first.
Sources
- In an unfair dismissal case, the burden of proof rests on the employer to show just cause or excuse for the dismissal. Mah Weng Kwai & Associates
- An employee who believes they were dismissed without just cause or excuse may file a Section 20 representation with the Director General of Industrial Relations within 60 days of the dismissal. Mah Weng Kwai & Associates
- Since the Industrial Relations (Amendment) Act 2020 came into force, a case that fails at conciliation is referred directly to the Industrial Court by the Director General, without ministerial screening. MECA
Keep reading
If you were dismissed after complaining about harassment, an independent employment lawyer can compare the dates and act on a retaliation claim if you have grounds.
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.