Retrenched in Kuching? Was it genuine?
A Kuching employer cut your post and called it a restructuring.
Kuching runs on services, administration and tourism, with oil and gas support work nearby. A retrenchment claim from the city follows the same national test as anywhere else and is heard locally, not on the peninsula.
Where is a Kuching claim heard?
The Industrial Court has a branch in Kuching, and JPPM confirms which branch hears a case that does not settle at conciliation.
The route starts with a written representation to the Director General of Industrial Relations. A conciliation meeting follows once it is lodged, and solicitors may not represent either side there2.
How are Kuching government and tourism cuts judged?
Government linked companies, retail and administrative employers near Vivacity Megamall and the Waterfront provide a large share of Kuching jobs, alongside oil and gas support roles.
A cut tied to a genuine restructuring can still be unfair if the choice of who goes is not defensible. Last In First Out is the accepted starting point, departed from only for a real reason1.
What happens after you message?
Send your role, your department and the reason given for the cut. An independent employment lawyer serving Kuching may review the facts, checks your deadline and replies about whether, and how, they can act.
The early steps, a written representation and conciliation, come before any hearing.
What should you do this week?
Write down what happened at your Kuching job in order, with dates. Keep your retrenchment letter, any restructuring notice and your payslips.
Read how Last In First Out applies to a category of staff, so you can check your own selection. Then use the deadline calculator to confirm your window once your last working day is set.
If you want a lawyer to look at a retrenchment from your Kuching job, send the date you were let go and what the employer told you. An independent employment lawyer serving Kuching may review whether the claim has enough behind it.
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 employer near Vivacity Megamall said the department was being restructured. Is that retrenchment?
A restructuring can be a genuine reason to cut a role, but your employer must still show the redundancy is real and that your post was chosen fairly within the affected group. A new title for the same duties is worth questioning.
Do I need to travel outside Kuching to challenge a retrenchment?
The Industrial Court has a branch in Kuching, and JPPM confirms which branch hears your case. A written representation can be prepared from where you are.
What happens at the Kuching conciliation meeting?
The Department of Industrial Relations arranges the meeting once your representation is lodged, and neither side may bring a lawyer to it. You attend and explain your side yourself, so preparing beforehand matters.
Sources
- 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
- After a representation is lodged the Department of Industrial Relations arranges conciliation, and solicitors are not permitted to represent the parties at that conciliation stage. Mah Weng Kwai & Associates
Keep reading
If you want a lawyer to look at a retrenchment from your Kuching job, send the date you were let go and what the employer told you. An independent employment lawyer serving Kuching may review whether the claim has enough behind it.
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.