What is unfair dismissal in Malaysia? This article explains the requirement for just cause or excuse, why contractual notice alone is insufficient, and when misconduct, poor performance or redundancy may justify termination. It also covers probationers, domestic inquiries, the employer’s burden of proof, Industrial Court remedies and the strict 60-day deadline for employees to file claims after dismissal in Malaysia.
Can insubordination amount to workplace misconduct in Malaysia? This article explains when refusing an employer’s lawful and reasonable instruction may justify disciplinary action or dismissal. It covers employee objections, transfers, performance improvement plans, show cause letters, due inquiry, evidence, proportionality and the right to challenge an unfair dismissal under Malaysian employment law and applicable Industrial Court procedures in Malaysia today.
Can sexual harassment amount to workplace misconduct in Malaysia? This article explains what conduct may constitute sexual harassment, an employer’s duty to investigate complaints, fair disciplinary procedures and when dismissal without notice may be justified. It also covers evidence, confidentiality, retaliation, workplace policies and legal options available to affected employees under Malaysian employment law and related legislation today in practice.
Can an employer terminate an employee without notice in Malaysia? This article explains when serious misconduct or a wilful contractual breach may justify summary dismissal. It covers show cause letters, due inquiry, domestic inquiries, unexplained absence, payment in lieu of notice and an employee’s right to challenge dismissal in the Industrial Court under Malaysian employment law and applicable statutory procedures.
Can an employer dismiss employees because of business restructuring in Malaysia? This article explains when restructuring may justify retrenchment, how employers must prove genuine redundancy and why fair selection matters. It also covers LIFO, notice periods, termination benefits, Borang PK requirements and employees’ right to challenge an unfair dismissal through the Industrial Court process in Malaysia.
Can you cancel a contract because you were pressured into signing it? This guide explains coercion under sections 15 and 19 of the Contracts Act 1950, the difference between commercial pressure and unlawful coercion, the leading Malaysian cases, and when a contract signed under pressure can be set aside.
What is constructive dismissal in Malaysia? This article explains when an employee may resign because of an employer’s fundamental breach of contract. It covers salary reductions, demotions, transfers, workplace harassment, unfair PIPs, resignation timing, evidence and the 60-day deadline for filing a claim under the Industrial Relations Act 1967 in Malaysia. It also highlights practical steps for employers and employees.
What is a Performance Improvement Plan and can an employee be dismissed after failing one? This article explains how PIPs work in Malaysia, what fair targets and review periods look like, the support employers should provide and how employees can respond. It also identifies common warning signs of an unfair PIP and the right to challenge dismissal under Malaysian law.
Can an employee be dismissed for poor performance in Malaysia? This article explains what employers must prove, when warnings are required, how Performance Improvement Plans should work and the rights of probationers. It also outlines how employees can respond to a PIP and challenge a performance-related dismissal without just cause or excuse under Malaysian employment law in the Industrial Court.
Misrepresentation occurs where false information causes someone to enter into a contract. This guide explains misrepresentation under section 18 of the Contracts Act 1950, how it differs from fraud, when a contract becomes voidable and the remedies that may be available under Malaysian contract law.
