Sacked Without Any Hearing
Your employer skipped the internal hearing and went straight to dismissing you.
You were dismissed for something you allegedly did, but there was no hearing, no panel and no chance to question the evidence.
A domestic inquiry is the internal hearing a fair employer holds before a misconduct dismissal. Skipping the domestic inquiry entirely is one of the clearest signs the process was unfair.
Is a domestic inquiry always required?
Malaysian practice strongly favours holding one before a misconduct dismissal. The exact requirement can depend on your contract and company policy.
What matters most to the Industrial Court is whether you had a real chance to answer the allegations, in whatever form. No process at all is hard for an employer to defend.
Who carries the burden if no inquiry was held?
Your employer still has to prove there was just cause or excuse. Having no inquiry makes that harder to show.1
A decision made entirely behind closed doors, without your input, looks like a conclusion reached first and justified afterwards.
What evidence should you gather?
Write down whether you were ever told about the allegation and, if so, when and by whom. Include as much detail as you can recall.
Keep your dismissal letter or message and your employment contract. Keep any company handbook that describes a fair disciplinary process.
How long do you have?
You have 60 days from the date of dismissal to file a Section 20 representation with the Director General of Industrial Relations.2
If your claim succeeds, remedies can include reinstatement or back wages. Back wages are capped at twenty four months for a confirmed employee and twelve months for a probationer.3
What should you do this week?
Ask in writing for the reason for your dismissal, and whether any inquiry took place that you were not told about. Keep the request and any reply.
If the accusation itself felt vague or unfair, read about being dismissed over alleged misconduct. Use the deadline calculator to confirm your 60 days.
If you want a lawyer to review the process, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send what you have directly to that lawyer.
If you were dismissed without any domestic inquiry and want to challenge it, an independent employment lawyer can review what process took place. They can take the claim forward 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
Must my employer hold a domestic inquiry before dismissing me?
Malaysian practice expects one before a misconduct dismissal, though the exact rules depend on your contract and company policy. The Industrial Court weighs its absence heavily when it decides whether the dismissal was fair.
What if I was invited to a meeting but not an inquiry?
An informal meeting is not the same as a hearing with notice of the allegations and a chance to reply. Describe exactly what happened at the meeting so a lawyer can judge whether it was enough.
Can I ask for an inquiry after dismissal?
By then the dismissal has happened, so the focus shifts to challenging it with a Section 20 representation. The missing inquiry becomes evidence for your claim.
Does company size change the expectation?
Smaller companies may run less formal processes, but the basic expectation of a fair hearing before dismissal still applies. A lawyer can judge whether what happened met that standard.
Sources
- In an unfair dismissal case the burden of proof rests on the employer to show just cause or excuse for what happened. Mah Weng Kwai & Associates
- An employee who believes they were dismissed without just cause may file a Section 20 representation 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 and twelve months for a probationer. DNH
Keep reading
If you were dismissed without any domestic inquiry and want to challenge it, an independent employment lawyer can review what process took place. They can take the claim forward 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.