What is Considered Unfair Dismissal in Malaysia?

BY EMPLOYMENT LAW MALAYSIA

What is Considered Unfair Dismissal in Malaysia?

Understanding Unfair Dismissal Under Malaysian Employment Law

Unfair dismissal in Malaysia can significantly impact your livelihood, career, and well-being. This guide explores what constitutes unfair dismissal under employment law in Malaysia and your legal options if you're facing termination without just cause.

What Constitutes Unfair Dismissal in Malaysia?

Unfair dismissal in Malaysia occurs when an employee is terminated without just cause or excuse, violating the principles of natural justice and procedural fairness. Examples include:

• Termination without valid reason

• Dismissal without proper inquiry or hearing

• Retaliation for whistleblowing or raising complaints

• Discrimination based on race, gender, religion, or disability

Employees who suspect unfair treatment should seek support from a wrongful dismissal lawyer in Malaysia or a labour lawyer in Malaysia.

Key Legal Protections for Employees

Under the Industrial Relations Act 1967, dismissed employees can file a claim under Section 20 to challenge the termination. The Labour law in Malaysia and employment law in Malaysia provide further safeguards, such as:

• Right to procedural fairness before dismissal

• Right to challenge constructive dismissal in Malaysia

• Right to seek legal redress through the Employment tribunal in Malaysia

For assistance, contact an employee rights lawyer in Malaysia or an employment lawyer Malaysia.

Constructive Dismissal: A Special Category

Constructive dismissal in Malaysia occurs when the employer makes continued employment intolerable, forcing the employee to resign. Common triggers include:

• Unilateral reduction in salary or benefits

• Hostile work environment

• Demotion without cause

Employees should consult a labour court Malaysia lawyer or legal advice for wrongful termination in Malaysia before resigning.

Legal Remedies and Employment Dispute Resolution

If you've been unfairly dismissed, you may be entitled to:

• Reinstatement to your previous position

• Back wages from the date of dismissal

• Compensation in lieu of reinstatement

An industrial relations lawyer in Malaysia can guide you through the process and represent you in the employment tribunal in Malaysia.

Common Grounds of Employment Disputes

Employees often face termination linked to:

• Employment contract dispute in Malaysia

• Retrenchment law Malaysia breaches

• Workplace discrimination and lack of HR legal compliance in Malaysia

Engaging a workplace discrimination lawyer in Malaysia or hire employment lawyer in Malaysia can ensure your rights are upheld.

Steps to Take After Being Dismissed

1. Request a written explanation for your dismissal.

2. Review your employment contract for any breach.

3. File a claim with the Industrial Relations Department within 60 days.

4. Seek legal advice for employees in Malaysia to plan your next steps.

Get Expert Legal Support

Facing unfair dismissal is daunting—but you don’t have to go through it alone. Employment Law Malaysia offers expert representation for:

• Unfair dismissal Malaysia

• Termination of employment in Malaysia

• Employment dispute resolution in Malaysia

• Workplace discrimination and harassment cases

Consult an employment lawyer in Malaysia or find an employment lawyer near me for tailored support and to protect your employment rights.

Contact Employment Law Malaysia

Let Employment Law Malaysia help you navigate your employment rights. Whether you’re facing constructive dismissal, wrongful termination, or seeking legal advice for employees in Malaysia, our team is here to ensure justice and compliance with Malaysian law.

Need Help? Contact Us

📱 WhatsApp: +6011-1630-0091📧 Email: general@employmentlawmalaysia.com

Get expert support from top employment and labour lawyers in Malaysia. Book a free consultation today.