Dismissed Without A Show Cause Letter
You were let go over an accusation you never had the chance to answer.
You were accused of something, then dismissed, without anyone asking for your side. No show cause letter, no chance to reply, just a decision already made.
A show cause letter gives a worker the chance to answer an allegation before any domestic inquiry or decision. Skipping it suggests the misconduct dismissal process was not fair.
Does skipping the letter make the dismissal unfair?
It strongly points to an unfair process, even if the misconduct itself turns out to be real. Malaysian employers are expected to give a worker a real chance to be heard.
An employer who dismisses first and explains later reverses the order fairness needs. A lawyer will want to know about that early.
Who has to prove the misconduct?
Your employer has to prove there was just cause or excuse for the dismissal. That includes proving the alleged misconduct really took place.1
A dismissal built on an unproven accusation, with no process, is harder to defend at a hearing.
What should you gather now?
Write down what you were told about the alleged misconduct, who told you and the date.
Keep any message, email or document about the accusation. Keep your contract and recent performance records if they are relevant.
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 the 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 your former employer in writing for the specific allegation and any evidence it relied on. Keep a copy of the request even if no answer comes.
For a related situation, read about being dismissed without any inquiry at all. Check the deadline calculator to track your 60 days.
If you want a lawyer to check 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 ever receiving a show cause letter, an independent employment lawyer can review what you were told and say whether it is worth pursuing as an unfair dismissal claim.
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
Is a show cause letter legally required?
No single rigid rule demands one in every case, but skipping it removes a safeguard. Its absence is treated as a sign of an unfair process when a claim is reviewed.
What if I was told of the misconduct only by voice?
A spoken accusation still matters, so write down what was said, when and by whom. The lack of any written allegation can support your view that the process was rushed.
Does it matter if the allegation is true?
It can affect the outcome, but a fair process still matters when an allegation has some substance. The process and the evidence are weighed together.
Can I ask for my job back meanwhile?
Reinstatement is a possible remedy if a claim succeeds, but the Industrial Court decides it and nothing is promised. Focus first on keeping evidence and knowing your 60-day deadline.
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 ever receiving a show cause letter, an independent employment lawyer can review what you were told and say whether it is worth pursuing as an unfair dismissal claim.
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.