Dismissed From a Job in Sarawak
Contract ended in Miri or dismissed in Kuching, JPPM confirms which Industrial Court branch hears your claim.
Sarawak’s economy leans on oil and gas around Miri and Bintulu, timber further inland, and services centred on Kuching. A dismissal from any of these runs through the same Section 20 process.
That process ends at the Industrial Court, and JPPM tells you which Industrial Court branch will hear it.
Oil and gas contracts and the retrenchment question
Contract workers on oil and gas projects around Miri and Bintulu are often told their role ended through non-renewal, not dismissal. The practical effect can still be the same.
If a genuine retrenchment took place, the usual practice still applies.2 The most recently hired staff in a category go first.
A hire date list from your project is worth keeping. Compare it against who was let go if the order looks wrong.
Kuching’s own waterfront services sector, around the Sarawak River and the Astana, runs on a smaller scale than Miri’s oil and gas cluster. Terminations there more often come from a single restructuring decision.
Sarawak’s Labour Ordinance and the Industrial Relations Act
Sarawak applies its own Labour Ordinance for entitlements such as leave. This sits apart from the Employment Act used elsewhere.
The Section 20 unfair dismissal route sits outside that ordinance. It applies across Sarawak the same way it applies nationally.
Timber workers further inland may be told a seasonal logging cycle explains the dismissal. If the timing does not fit that reason, write it down.
Filing from Miri, Bintulu or Kuching
The Industrial Court has a branch in Kuching.1 JPPM tells you which Industrial Court branch hears the case.
Conciliation runs first through the JPPM office for Sarawak, based in Kuching, before any referral.
The deadline calculator works out your filing date once you know your last working day. Your evidence should include your contract and project correspondence.
If you want a lawyer to act, send your project, role and dates. An independent lawyer may review the facts and replies about whether and how they can act.
If your work in Miri, Bintulu or Kuching ended and you want a lawyer to take the claim on, send your dates and what happened. An independent employment lawyer may review the facts and replies about 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
My oil and gas contract in Miri was not renewed, but I was told it was a retrenchment. Does the distance from Kuching matter?
JPPM tells you which Industrial Court branch will hear it, whether you worked in Miri, Bintulu or the city itself. Distance does not change your rights, only where you need to be for a hearing.
Sarawak has its own Labour Ordinance. Does that replace the unfair dismissal process?
No. The Labour Ordinance for Sarawak covers entitlements like leave and hours. The Section 20 unfair dismissal route under the Industrial Relations Act still applies here, as it does across the country.
Several of us were let go from the same Bintulu project at once. Should we compare notes?
Yes, carefully. If your employer did not let newer hires go first, comparing hire dates and roles among affected colleagues can support each person's individual case.
Sources
- The Industrial Court sits at its Kuala Lumpur headquarters with branches including Penang, Ipoh, Johor Bahru, Kota Kinabalu and Kuching. Mahkamah Perusahaan Malaysia, contact
- In a retrenchment the conventional selection principle is Last In First Out within the affected category, an employer may depart from it only with justification, and the redundancy itself must be genuine. Richard Wee Chambers
Keep reading
If your work in Miri, Bintulu or Kuching ended and you want a lawyer to take the claim on, send your dates and what happened. An independent employment lawyer may review the facts and replies about 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.