What happens at the Industrial Court?
Your case did not settle at conciliation, and now it goes to court.
Conciliation did not settle your case, or you want to know what happens if it does not. The next stage is a hearing at the Industrial Court.
What is the Industrial Court?
The Industrial Court is a dedicated tribunal that decides unfair dismissal disputes and other industrial relations matters, separate from the ordinary civil courts. It sits nationwide, with its headquarters in Kuala Lumpur and branches in Penang, Ipoh, Johor Bahru, Kota Kinabalu and Kuching.1
Its decisions are called awards, and they focus on whether your dismissal had just cause or excuse, not on general contract disputes.
How does a case actually get there?
The route starts with a written Section 20 representation to the Director General of Industrial Relations, followed by conciliation at JPPM. If conciliation does not settle the dispute, the Director General refers it directly to the Industrial Court.2
There is no separate ministerial screening step to wait for, because a 2020 amendment removed it.
Which division hears your case?
JPPM confirms which branch hears your case. Kuala Lumpur is the headquarters, with branches in Penang, Ipoh, Johor Bahru, Kota Kinabalu and Kuching.1
What happens at a hearing?
Both sides present their case, with your employer needing to justify the dismissal first, since they carry the burden of proof.4 Witnesses may be called, and documents such as your contract, warning letters or appraisals count for more than memory alone.
This stage is more formal than conciliation, and a lawyer can represent you here.
What can the Court award?
The two main outcomes are reinstatement to your job, or compensation instead of it. Where back wages are awarded, they are capped at 24 months of last-drawn salary for a confirmed employee, and 12 months for a probationer.3
No outcome is promised in advance. The Court decides on the facts and evidence put before it.
Do you need a lawyer at this stage?
Solicitors cannot represent you at conciliation, but that changes once your case reaches the Industrial Court. You can bring in an employment lawyer well before the hearing to prepare.
Early on, a lawyer’s work is mostly organising your evidence while memories and documents are still fresh.
What to do this week
If your case has already been referred, start organising your documents by date: your contract, the dismissal letter, warnings, and anything related to the reason given.
If you are still waiting on conciliation, do the same now. If you want a lawyer to represent you at the Industrial Court, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send your papers directly to that lawyer early, and they can review whether they can act.
If your case is heading to the Industrial Court and you want a lawyer to represent you, share the division and the stage you are at. An independent lawyer can review whether 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 does a case actually reach the Industrial Court?
It starts with a written representation to the Director General of Industrial Relations, then conciliation. If conciliation does not resolve it, the Director General refers the case directly to the Industrial Court, with no separate ministerial approval step.
Which Industrial Court division will hear my case?
JPPM confirms which branch hears your case. The headquarters sits in Kuala Lumpur, with branches in Penang, Ipoh, Johor Bahru, Kota Kinabalu and Kuching.
Can I bring a lawyer to the Industrial Court hearing?
Yes. Unlike conciliation at JPPM, where solicitors cannot represent you, a lawyer can represent you once the matter reaches the Industrial Court itself. You can prepare with a lawyer well before that stage.
What can the Industrial Court actually order?
The main outcomes are reinstatement to your job, or compensation in place of it, including back wages up to the statutory cap. No outcome is promised in advance, and the Court decides based on the facts and evidence put before it.
How long does a case usually take from filing to a decision?
It depends on the court's caseload and how complex the dispute is, so timing differs from case to case. The stages are conciliation first, then referral, then the hearing, and each has its own wait.
Sources
- The Industrial Court sits nationwide with its headquarters in Kuala Lumpur and branches in Penang, Ipoh, Johor Bahru, Kota Kinabalu and Kuching. Mahkamah Perusahaan Malaysia, contact
- 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
- Back wages awarded by the Industrial Court are capped at 24 months of last-drawn salary for a confirmed employee, and 12 months for a probationer. Donovan & Ho, Back Wages at the Industrial Court
- The burden of proving just cause or excuse for a dismissal rests on the employer, not the employee, once a case reaches the Industrial Court. Mah Weng Kwai & Associates, Unfair Dismissal
Keep reading
If your case is heading to the Industrial Court and you want a lawyer to represent you, share the division and the stage you are at. An independent lawyer can review whether 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.