How the legal process works
From your first written claim to a decision, here is the path in order.
An unfair dismissal claim follows the same route everywhere in Malaysia. Knowing the order shows you what to do now and what comes later.
Step one: lodge a representation
If you believe you were dismissed without a fair reason, you ask in writing to be reinstated. You send the request to the Director General of Industrial Relations within 60 days of your dismissal.1
This is the one step with a hard deadline. See how to lodge a Section 20 representation, and check your timing on the deadline calculator.
Step two: conciliation at JPPM
Your representation goes to the Industrial Relations Department, which arranges conciliation. An officer meets both sides to look for a settlement.
Lawyers cannot speak for you at this stage, though many people prepare with one beforehand. Some matters settle here.
Step three: the Industrial Court
If there is no settlement, the Director General refers the matter directly to the Industrial Court.2
Each side presents its case, and the court decides whether the dismissal had just cause.
Step four: the outcome
Your claim asks for your job back. The court can also order money instead, for example where trust has broken down.
The main awards are reinstatement, or back wages and compensation in place of your job. What fits depends on your facts.
If you want a lawyer to run the process for you, send the date you were dismissed and what happened to an independent employment lawyer. They can review the facts and reply on whether and how they can act, and what range of outcomes is realistic.
If you plan to bring a claim and want a lawyer to run the process, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send your dismissal date and documents. An independent employment lawyer can review the facts and reply on whether and how they can act.
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
How long does the whole process take?
It varies with each case and the court's list, and a full hearing takes longer than conciliation. The one fixed point is the 60-day deadline to start, so acting early matters most.
Do I need a lawyer at every stage?
Lawyers cannot represent you at conciliation, though many people prepare with one first. If the matter goes to the Industrial Court, that is where legal representation usually helps most.
Can the case settle before a hearing?
Yes. Conciliation exists to help both sides settle, and a matter can also settle later. A settlement can cover money, a reference or other terms you agree.
Sources
- An unfairly dismissed employee may lodge a written representation to the Director General of Industrial Relations within 60 days of the dismissal, seeking reinstatement (Section 20, Industrial Relations Act 1967). Mah Weng Kwai & Associates, Unfair Dismissal
- Since the Industrial Relations (Amendment) Act 2020 came into force on 1 January 2021, the Director General refers a case that does not settle at conciliation directly to the Industrial Court. MECA, Industrial Relations Act 1967 Guide
Keep reading
If you plan to bring a claim and want a lawyer to run the process, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send your dismissal date and documents. An independent employment lawyer can review the facts and reply on whether and how they can act.
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.