Dismissed In Kuching? Check Your Claim
A Kuching employer let you go and the explanation still bothers you.
Kuching runs on services, administration and tourism around the Waterfront and Vivacity Megamall, with oil and gas support work nearby.
A dismissal here follows the same law as the rest of Malaysia, and the court has a branch in the city.
Where the claim is heard
You can lodge a written representation within 60 days of a dismissal without a fair reason, seeking reinstatement1.
The Industrial Court has a branch in Kuching. JPPM confirms which branch hears a case after failed conciliation.
Work and dismissals here
Services, administration, tourism at the Waterfront and oil and gas support work make up much of the local job market.
Government-linked and retail employers sometimes end a role with a spoken notice. Read how unfair dismissal is judged to see whether that ending would hold up.
Staff near Vivacity Megamall often keep WhatsApp or email threads that fill in what a letter left out.
The conciliation stage
Once your representation is lodged, the department arranges conciliation, and solicitors cannot represent either side there2.
You attend that meeting yourself. Understanding your position and gathering documents can be done from Kuching first, well before a date is set.
Your next step
Write down what happened in order, with dates. Keep the messages, letters and payslips tied to the dismissal.
The deadline calculator shows how many days remain in your 60-day window from your last working day. If you fly to project sites through Kuching, count from the dismissal date, and keep a boarding pass or roster that confirms it.
An independent lawyer serving Kuching may review your facts and reply about whether and how they can act.
If you want a lawyer to act on a Kuching dismissal, send when it happened and how it was handled. An independent lawyer serving Kuching may review whether it is 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
Does my case stay in Kuching the whole way through?
The written representation can be prepared in Kuching and goes to the Director General of Industrial Relations. JPPM confirms which Industrial Court branch hears the case after failed conciliation.
I work for a government-linked company near the Waterfront. Is the process different?
Government-linked employers follow the same Section 20 process as private companies, provided you are a workman and not under separate public service terms. Confirm how your role is classified if you are unsure.
What happens at the conciliation stage?
The department arranges a meeting, and neither side may bring a lawyer. You present your side yourself, so write down what happened beforehand.
Sources
- A worker dismissed without just cause or excuse may make a written representation to the Director General of Industrial Relations seeking reinstatement within 60 days of the dismissal under Section 20 of the Industrial Relations Act 1967. Mah Weng Kwai & Associates
- 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 act on a Kuching dismissal, send when it happened and how it was handled. An independent lawyer serving Kuching may review whether it is 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.