When not to claim unfair dismissal
You are wondering whether filing a claim is the right move for your situation.
When does a claim have less to work with?
If your employer followed a documented, consistent process and gave a specific, genuine reason, a claim starts from a harder place. It is not hopeless, but keep your expectations realistic. This applies to any unfair dismissal claim.
A single warning followed by a clearly explained decision looks very different from a dismissal with no explanation. Poor performance handled fairly, with feedback along the way, is one example. A lawyer can tell you which pattern yours resembles.
What if your deadline has passed?
Once the 60-day window closes, the Section 20 route usually closes with it.1 Direct negotiation with your former employer, or support through the Employment Insurance System, then become more relevant.
That system gives a job search allowance for three to six months to workers who lost their job involuntarily.2 It runs separately from a dismissal claim. Applying for it does not stop you having a valid claim as well.
Is negotiating directly ever the better move?
Sometimes. If the relationship with your former employer is not fully broken and a quick result matters more to you than a formal process, it is worth exploring.
Do it alongside knowing your legal position, not instead of it. You negotiate more evenly when you know where you stand.
What should you do this week?
Confirm your deadline with the deadline calculator, since that number decides which options stay open. Read whether a claim is worth it and what a claim costs before you choose.
If you want a lawyer to say whether a Section 20 claim or another path fits you, send your dates and what happened. An independent lawyer may review the facts and replies.
If you are not sure a claim is the right route, an independent employment lawyer can review your facts and act for you if a claim is the stronger path.
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
When does filing a claim usually not make sense?
When your employer followed a fair process, gave a genuine reason and documented it clearly, a claim has less to work with. A lawyer's review can still help, but keep your expectations realistic.
What if the 60-day deadline has already passed?
The Section 20 route usually closes once the window passes. Direct negotiation or the Employment Insurance System then become more relevant. A lawyer can confirm what is still open to you.
Is negotiating directly with my employer ever a better option?
Sometimes, especially if the relationship is not fully broken and an agreement could settle things faster than a formal claim. Explore it alongside knowing your legal position, not instead of it.
Does choosing not to file mean giving up entirely?
No. It means the Section 20 route is not the best fit right now. Support such as the Employment Insurance System exists separately, whether or not you file a claim.
Sources
- 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
- The Employment Insurance System gives workers who lose their job involuntarily temporary financial help, including a job search allowance for three to six months, and applications must be made within 60 days of termination. Malaysia.gov.my
Keep reading
If you are not sure a claim is the right route, an independent employment lawyer can review your facts and act for you if a claim is the stronger path.
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.