Malaysia: Unfair/ Wrongful Dismissal

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Employment law and labour law articles and thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore articles covering topics such as Discrimination, Employee Benefits and Compensation, Health and Safety, Unfair/Wrongful Dismissal, Whistleblowing, Employment Rights, Outsourcing and Redundancy.

Termination & Dismissal In Malaysia: A Practical Guide For Foreign Employers With Local Subsidiaries

Malaysia is a popular destination for foreign investment – from manufacturing hubs to regional headquarters – but its employment laws are protective, procedural, and unforgiving if misapplied.

Malaysia Employment

Aqran Vijandran Advocates & Solicitors

Termination And Dismissal In Malaysia: What Employers Need To Know

Employers in Malaysia must navigate a complex legal landscape when ending employment relationships.

Malaysia Employment

Aqran Vijandran Advocates & Solicitors

Potential Repercussions Arising From Termination Of An Employee

Malaysia does not recognize the concept of "termination simpliciter" (i.e. termination by contractual notice and for no reason). Accordingly, the termination of employees

Malaysia Employment

Hsian & Co

Decoding Dismissals: Understanding Constructive And Unfair Terminations In Malaysian Employment Law

In today's world, employment is a fundamental aspect of life for individuals, making it essential to understand and protect the rights of both employees and employers. Employment law...

Malaysia Employment

KW

Kevin Wu & Associates

[EMPLOYMENT] Special Alert: Seeking Reinstatement To Employment Through Judicial Review

Malaysia Employment

LH

Lee Hishammuddin Allen & Gledhill

[EMPLOYMENT] Special Alert: Redundancy Can Arise Even When The Job Still Exists!

Malaysia Employment

LH

Lee Hishammuddin Allen & Gledhill

Common Issues In Unfair Dismissal Claims When Acting For The Employer

Malaysia Employment

DH

Donovan & Ho

Starting A New Job = Abandoning Employment?

Malaysia Employment

DH

Donovan & Ho

Case Spotlight – Rejection Of Reinstatement

Malaysia Employment

DH

Donovan & Ho

Case Spotlight – Pandemic Not An Excuse To Avoid Work

Malaysia Employment

DH

Donovan & Ho

OpenAI's Leadership Shakeup: Would Sam Altman's Instant Dismissal Fly In Malaysia?

Malaysia Employment

Lee & Poh

Unfair Dismissal Claims Against Wound-Up Employers

Malaysia Employment

DH

Donovan & Ho

[EMPLOYMENT] Special Alert: Expectation For Managers To Understand Job Requirements

Malaysia Employment

LH

Lee Hishammuddin Allen & Gledhill

Carrying Out Fair Termination In Malaysia

Malaysia Employment

AA

Azmi & Associates

Malaysia's SST Expansion From 1 July 2025: A Practical Guide For Businesses

Aqran Vijandran Advocates & Solicitors

Contract Amendments In Malaysia: 10 Best Practices

Malaysia Commercial

Aqran Vijandran Advocates & Solicitors

马来西亚：近期动态 – 商业法律

Hsian & Co

Termination And Dismissal In Malaysia: What Employers Need To Know

Malaysia Employment

Aqran Vijandran Advocates & Solicitors

EUDR 2025–2026: What Malaysian Palm‑Oil, Rubber And Wood Exporters Must Know And Do Next

Malaysia Compliance

Aqran Vijandran Advocates & Solicitors

Would An Arrest By The MACC Warrant Dismissal?

When faced with the issue of an arrest of an employee by the Malaysian Anti-Corruption Commission ("MACC"), employers must be cautious in handling such a delicate matter.

Malaysia Employment

LH

Lee Hishammuddin Allen & Gledhill

[EMPLOYMENT] Special Alert: Industrial Court Remedies: Reliefs In A Claim For Unfair Dismissal

The primary remedies available in a claim for unlawful dismissal at the Industrial Court are reinstatement or compensation in lieu of reinstatement and backwages.

Malaysia Employment

LH

Lee Hishammuddin Allen & Gledhill

[EMPLOYMENT] Reiterating The High Standards In The Banking Industry: Dismissal Of Senior Management Upheld For Breach Of Financing Policy

It is settled law that the banking industry belongs to a special kind of business and services rendered to the public.

Malaysia Employment

LH

Lee Hishammuddin Allen & Gledhill

[EMPLOYMENT] Special Alert: Forced Resignation Or Constructive Dismissal? Employee To Take A Stand

In cases of forced resignation and constructive dismissal, the facts of an employees' dismissal are in dispute. In view of this, the burden is on the employee to prove on a balance...

Malaysia Employment

LH

Lee Hishammuddin Allen & Gledhill

[EMPLOYMENT] Option To Resign In Lieu Of PIP

Malaysia Employment

LH

Lee Hishammuddin Allen & Gledhill

[TMT] Navigating Service Level Agreements

Malaysia Media & IT

LH

Lee Hishammuddin Allen & Gledhill

[EMPLOYMENT] Special Alert: Nothing Owed, Nothing Due: Limited Damages For Dismissal Claims In Civil Courts

Malaysia Employment

LH

Lee Hishammuddin Allen & Gledhill

LHAG Insights Special Alert 20230427: Nothing Owed, Nothing Due

Malaysia Employment

LH

Lee Hishammuddin Allen & Gledhill

Case Update: Employees Cannot Pursue Claims For Damages For Wrongful Dismissal Via The Civil Courts

Malaysia Employment

ZR

Zul Rafique & Partners

Sorry, Out Of Time!: Leave Application For Judicial Review Was Dismissed Due To Inordinate Delay In Filing The Application & Ignorance Of The Law Is Not An Acceptable Reason

Malaysia Employment

ZR

Zul Rafique & Partners

The Mode To Challenge An Industrial Court Award: Appeal Or Judicial Review

Malaysia Employment

ZR

Zul Rafique & Partners

Constructive Dismissal : Principles & Case Laws

Malaysia Employment

KW

Kevin Wu & Associates

Case Update: Employee That Enters Into Negotiations For Severance And Agrees To The Terms Cannot Then Claim For Wrongful Dismissal

Malaysia Litigation

ZR

Zul Rafique & Partners

Avoidance Of Conflict Of Interest: An Inflexible Rule

Malaysia Employment

LH

Lee Hishammuddin Allen & Gledhill

The Mode To Challenge An Industrial Court Award: Appeal Or Judicial Review

Recently, the High Court of Penang has resolved the confusion on the correct mode to challenge an Industrial Court Award in the High Court

Malaysia Employment

ZR

Zul Rafique & Partners

Constructive Dismissal : Principles & Case Laws

The common law has long recognised the right of an employee to terminate their contract of service. Therefore, for employees to be discharged from their obligations under the employment contract...

Malaysia Employment

KW

Kevin Wu & Associates

Case Update: Employee That Enters Into Negotiations For Severance And Agrees To The Terms Cannot Then Claim For Wrongful Dismissal

Facts Felix Lee (the ‘Respondent') was employed as the Chief Executive Officer (‘CEO') of Matrix Global Education Sdn Bhd (the ‘Appellant').

Malaysia Litigation

ZR

Zul Rafique & Partners

Avoidance Of Conflict Of Interest: An Inflexible Rule

It is well established in a plethora of Industrial Court authorities that an employee must avoid any conflict of interests or even potential conflict of interests with his or her employer.

Malaysia Employment

LH

Lee Hishammuddin Allen & Gledhill

Are You An Employee Or An Independent Contractor?

Malaysia Employment

KW

Kevin Wu & Associates

To (DI) Or Not To (DI), That Is The Question

During the DI, the Claimant admitted guilt in respect of the third charge and disputed the remaining charges.

Malaysia Employment

S

SKRINE

Law On Fixed Term Employment Contracts In Malaysia

It is common practice for employers to hire employees under fixed term contracts in Malaysia. A fixed term employment contract is a contract for a specific period of time only.

Malaysia Employment

MA

MahWengKwai & Associates

What Is Constructive Dismissal?

Malaysian employment law requires employers to have "just cause and excuse" before dismissing their employees. Under Section 20 of the Industrial Relations Act 1967,

Malaysia Employment

MA

MahWengKwai & Associates

Unfair Dismissal: From Termination To Industrial Court Award

Malaysian employment law requires employers to have "just cause and excuse" before terminating their employees.

Malaysia Employment

MA

MahWengKwai & Associates

Falsifying Subordinate's Attendance Record Card

Malaysia Employment

LH

Lee Hishammuddin Allen & Gledhill

Threat Of Disciplinary Action Is Not Coercion

Malaysia Employment

LH

Lee Hishammuddin Allen & Gledhill

When Does Time Run Out?

Malaysia Employment

LH

Lee Hishammuddin Allen & Gledhill

Employment - Whether Proven Misconduct By Employee Deserved Punishment Of Dismissal

Malaysia Employment

JH

Jayadeep Hari & Jamil

Retrenchment In Malaysia

Malaysia Employment

TP

Tay & Partners

Best Practices For A Domestic Inquiry

Malaysia Employment

DH

Donovan & Ho

Video: Unfair Dismissal In Malaysia

Malaysia Employment

DH

Donovan & Ho

You Are Fired! What You Need To Know About Constructive Dismissal

Malaysia Employment

JH

Jayadeep Hari & Jamil

Settlement Discussions Are Inadmissible In Judicial Review

Malaysia Employment

DH

Donovan & Ho

The Right To Ang Pow

Malaysia Employment

DH

Donovan & Ho

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Latest Videos

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It Depends – Can an employee be dismissed for outside of work conduct?

CG

Cooper Grace Ward

[Podcast] Hot Legal Topics - Episode 1: Employment law

RM

Roam Migration Law

Video: Unfair Dismissal In Malaysia

DH

Donovan & Ho

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