Your rights after a dismissal
You want a plain list of what rights you have after being dismissed.
What is the right to a fair reason?
Your employer needs just cause or excuse to dismiss you fairly. If you challenge the dismissal, they must prove it.1 You do not have to prove your own innocence first.
This right does not depend on your job title, salary or years of service. It covers ordinary employment relationships across Malaysia. It is the core of unfair dismissal law.
What is the right to bring a claim in time?
You have 60 days from the date of your dismissal to file a Section 20 representation with the Director General of Industrial Relations.2 The window is fixed, and personal circumstances do not extend it.
Whether to use this right is your decision. Choosing not to file needs no explanation to anyone.
What is the right to have your case fully heard?
If conciliation does not settle things, your case can move on to the Industrial Court instead of ending there. You have a right to that full process, not only the first complaint stage.
What do these rights not promise?
None of these rights promises a particular outcome. Back wages, where awarded, are capped at twenty four months for a confirmed employee, or twelve months for a probationer.3
Every case still has to be proven on its own facts before any remedy is decided. Knowing this now helps you set realistic expectations.
What should you do this week?
Write down the date of your dismissal and check it on the deadline calculator. Read what to do after being dismissed and how to prepare your case for the practical steps.
If you want to enforce these rights, a lawyer can confirm which matter most in your situation before you file a Section 20 representation. Send your dates and what happened for review.
If you believe your rights were breached in your dismissal, an independent employment lawyer can review your facts and act to enforce them 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
Do I have a right to know why I was dismissed?
You can expect your employer to justify the dismissal with just cause or excuse if you challenge it. Asking for the reason in writing is a reasonable first step.
Do I have a right to file a claim regardless of my job title?
The Section 20 route covers workmen broadly, not a narrow set of jobs. Confirm your position with a lawyer if you are unsure it applies to you.
Does filing a claim mean I will receive compensation?
No. Filing does not promise any outcome. Your case is heard and assessed on its facts before any remedy is decided.
Does filing a claim cost me my other entitlements?
Support such as the Employment Insurance System runs separately from a Section 20 claim. Ask a lawyer about your own situation to be sure.
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
- Back wages awarded by the Industrial Court are capped at twenty four months for a confirmed employee, or twelve months for a probationer, assessed up to the last day of hearing. DNH
Keep reading
If you believe your rights were breached in your dismissal, an independent employment lawyer can review your facts and act to enforce them 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.