Role declared redundant with no warning?
You were told in one meeting that your position no longer exists.
No consultation, no warning signs, just a meeting where you were told your position no longer existed. The suddenness feels like part of the problem.
A genuine redundancy comes with some process, even a short one. A role eliminated overnight, with no consultation, deserves a close look as a possible retrenchment redundancy issue.
Does redundancy require any advance warning or consultation?
Guidance under the Code of Conduct for Industrial Harmony favours giving affected employees reasonable notice and considering alternatives before a retrenchment takes effect.
That guidance is persuasive rather than strictly binding, but the Industrial Court still weighs a complete absence of consultation when it assesses unfair dismissal fairness.
Was I selected fairly compared with others in my role?
Malaysian practice favours Last In First Out, where the most recently hired go first. Any departure from it needs sound reasons.1
If others in a similar position with less seniority than you were kept on, ask why, and note the answer you receive.
Who has to prove the redundancy was genuine?
Your employer must show the redundancy was real and handled fairly. An announcement at a meeting is not enough.2
A vague or shifting explanation for why your role, and not another, was chosen weakens their position.
How long do you have to challenge this?
You have 60 days from the date of retrenchment to file a Section 20 representation.3 This is the written claim you lodge to say your dismissal was unfair, and it goes to the Director General of Industrial Relations.
You may also be able to apply to the Social Security Organisation (PERKESO) for Employment Insurance System support. It does not affect any unfair dismissal claim you bring.
What should you do this week?
Write down exactly what you were told, including the stated business reason, and compare it with your actual severance calculation.
If new hiring appeared soon after your role ended, read about being retrenched while the company kept hiring. Then use the deadline calculator to track your window.
If you want a lawyer to challenge the redundancy, send what you were told and your dates to an independent employment lawyer. They can review whether it is a case they can act on.
If your role was suddenly declared redundant with no consultation, an independent employment lawyer can review what you were told and whether it is a case worth pursuing.
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 any consultation legally required before a redundancy?
No single rigid rule requires formal consultation in every case, though established guidance favours giving notice and considering alternatives. A complete absence of consultation can support your case.
What if I was the only one made redundant in my department?
Being the only one singled out in a department, especially with no clear selection process, invites closer scrutiny of whether the redundancy was genuine or aimed at you.
Does my severance pay depend on whether the redundancy was fair?
Statutory termination benefits are owed whether or not the redundancy was fair. A successful unfair dismissal claim can add remedies such as back wages if the redundancy is found not to be genuine.
Can I still search for a new job while pursuing a claim?
Yes. Searching for new work does not affect your ability to claim, and any earnings may be relevant to how back wages are calculated if your case succeeds.
Sources
- Last In First Out is the conventional, objective retrenchment selection principle, and an employer who departs from it must justify the departure with sound reasons. Richard Wee Chambers
- 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
Keep reading
If your role was suddenly declared redundant with no consultation, an independent employment lawyer can review what you were told and whether it is a case worth pursuing.
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.