Common myths about unfair dismissal
Some of what people assume about dismissal rights in Malaysia is simply wrong.
What do people get wrong about unfair dismissal?
The most damaging myth is that probation, a fixed-term contract or gig-style work removes all protection. It does not.
Once a claim is made, your employer has to prove the dismissal was for just cause or excuse, not you.1
That rule does not disappear because you were on probation or on a short-term arrangement.
Myth: only employees under a certain salary can claim
Workers hear about wage thresholds in the Employment Act and assume the same limit applies here. Unfair dismissal protection under Section 20 of the Industrial Relations Act covers all workmen, so you can have a claim even where Employment Act benefit provisions do not apply.2
These are two different laws answering two different questions. Mixing them up leads people to assume they have no options when they do.
Myth: resigning or filing a claim settles everything
Resigning does not remove your rights if your employer’s conduct forced you out. Read how constructive dismissal is judged before you assume a resignation closed every door.
Filing a claim does not settle anything by itself either, because the case is still assessed on its facts before any outcome follows.
How do you check a myth against your own case?
Myths spread when someone describes their own experience as a general rule. A friend’s result depends on their contract, their length of service and their facts, none of which transfer to you.
Write down only what you know: your dismissal date, the reason given and your documents. Then confirm your deadline with the deadline calculator.
If you want a lawyer to act on your case, send those facts to an independent employment lawyer, who can review whether it is a case they can take on.
If one of these myths shaped a decision about your own dismissal, and you are considering a claim, an independent employment lawyer can review your facts. They can act if there are 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
Is it true that probationers have no protection at all?
No. A probationer can still bring an unfair dismissal claim, though the back wages a court can award are capped lower than for a confirmed employee.
Is it true only low income workers can claim unfair dismissal?
No. That confusion usually comes from the Employment Act's wage based coverage for certain benefits, which is a different law from the one that governs unfair dismissal claims. Higher earning employees can still bring a Section 20 claim.
Is it true that resigning removes all your rights?
Not always. If you were pushed into resigning by the employer's conduct, that can sometimes be treated as a constructive dismissal rather than a voluntary exit. The circumstances around the resignation matter as much as the resignation itself.
Is it true that filing a claim means you will be paid something?
No. A claim is assessed on its facts, and a remedy follows only if your employer cannot prove just cause.
Sources
- The burden falls on the employer, not the employee, to prove the dismissal was for just cause or excuse. Mah Weng Kwai & Associates
- Unfair dismissal protection under Section 20 of the Industrial Relations Act covers all workmen, so a worker can have a claim even if not covered by Employment Act benefit provisions. Malay Mail
Keep reading
If one of these myths shaped a decision about your own dismissal, and you are considering a claim, an independent employment lawyer can review your facts. They can act if there are 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.