How to File an Unfair Dismissal Claim at the Industrial Court in Malaysia
Being dismissed from your job can be devastating. If you believe your dismissal was unfair, Malaysian employment law provides a clear path to seek justice at the Industrial Court. This guide walks you through the entire process step by step.
What Counts as Unfair Dismissal?
Under section 20 of the Industrial Relations Act 1967, a dismissal is considered unfair if it was done without just cause or excuse. This includes dismissals based on discrimination, retaliation for whistleblowing, constructive dismissal (where the employer makes working conditions intolerable), or termination without following proper procedures.
Step 1: File a Representation (Within 60 Days)
You must file a representation under section 20 of the Industrial Relations Act 1967 within 60 days of your dismissal. This is a strict deadline. File at the nearest Department of Industrial Relations (JPP) office. The representation is a simple written statement explaining that you were dismissed and why you believe it was without just cause.
Step 2: The Conciliation Process
After filing, a JPP officer will call both parties for conciliation — an attempt to reach a settlement without going to court. This is mandatory and usually takes 1-3 months. Many cases settle at this stage. If settlement is reached, the terms are recorded and binding.
Step 3: Referral to the Industrial Court
If conciliation fails, the Minister of Human Resources may refer your case to the Industrial Court. The Minister has discretion, but most meritorious cases are referred. Once referred, the Industrial Court will schedule a hearing. The court process can take 6-18 months depending on complexity.
Step 4: The Industrial Court Hearing
The hearing is less formal than civil court. You can represent yourself or be represented by a union officer or lawyer. Both sides present evidence and call witnesses. The burden is on the employer to prove the dismissal was for just cause. The court examines whether a fair procedure was followed.
Remedies Available
If the court finds in your favour, the primary remedy is reinstatement to your former position. If reinstatement is not appropriate, the court may award compensation: back wages from dismissal to the date of the award (up to 24 months) and compensation in lieu of reinstatement (typically one month's salary per year of service).
Disclaimer: This guide is for general informational purposes only and does not constitute legal advice. Laws may change, and each situation is unique. For personalized legal advice, consult a qualified Malaysian lawyer.
Frequently Asked Questions
The 60-day deadline is strict. If you miss it, you may be able to ask the Minister for an extension, but this is rarely granted. Act immediately — do not wait. If you are past 60 days, consult a lawyer to explore whether you have alternative claims, such as breach of contract in the civil courts.
Yes. Reinstatement is the primary remedy under the Industrial Relations Act. The court can order your employer to reinstate you to your former position with full back pay. However, if the relationship has broken down irretrievably, the court may award monetary compensation instead.
You can represent yourself at the Industrial Court. However, having a lawyer familiar with industrial law can significantly improve your chances. If you cannot afford a lawyer, check if your trade union can assist or apply for legal aid through the Bar Council Legal Aid Centre.