Learn what a show cause letter means under Malaysian employment law, when an employer should issue one and how an employee should respond. This practical guide explains the required particulars, reasonable response periods, disciplinary consequences and the differences between a show cause letter, warning letter and domestic inquiry while highlighting common mistakes for both employers and employees in Malaysia today.
Learn how an unfair dismissal claim proceeds through the Industrial Court in Malaysia. This practical guide explains the 60-day filing deadline, conciliation, referral, pleadings, witness evidence, hearings, remedies, enforcement and appeals. It also outlines the respective burdens on employees and employers and the procedural steps each party should understand before presenting or defending an Industrial Court case in practice today.
What is a domestic inquiry in Malaysia? This practical guide explains when employers should hold one, how the process works, the employee’s right to be heard, and what makes an inquiry fair. It also examines suspension, representation, procedural defects and how the Industrial Court approaches dismissals following a domestic inquiry under Malaysian employment law for both employers and employees alike.
What amounts to employee misconduct under Malaysian employment law? This article explains the meaning of misconduct, common examples, and the important differences between misconduct, poor performance and an honest mistake.
What does “just cause or excuse” mean in Malaysian employment law? This article explains when an employer may lawfully dismiss an employee, the importance of a fair process, and how the principle applies to misconduct, poor performance, redundancy and probationers.
Can you challenge a Mutual Separation Scheme (MSS) after signing it? The answer is yes—but only in certain circumstances. This article explains when an MSS may be set aside by the Industrial Court, the legal principles governing voluntary consent, and the landmark Malaysian cases that determine whether an employee has been genuinely separated or unfairly dismissed.
Being retrenched can be overwhelming, but not every retrenchment is legally justified. Learn when an employer can lawfully retrench employees in Malaysia, what genuine redundancy means, whether the LIFO principle applies, and what rights employees have if they believe their dismissal was unfair. A practical guide based on Malaysian employment law and leading court decisions.
Before signing an employment contract, understand the clauses that matter most. This guide explains remuneration, probation, contract duration, termination, job scope, and other key provisions under Malaysian law, helping employees avoid common disputes and make informed decisions before accepting a job offer.
Can a company director also be an employee? The Federal Court's decision in Acexide Technology Sdn Bhd v Chang Heng Keong confirms that the answer is yes, depending on the facts. Learn how Malaysian law distinguishes between a director's corporate office and employment relationship, and why removing a director doesn't necessarily end their employment.
Received a show cause letter from your employer? Don't panic. Learn what a show cause letter means, how to respond effectively, and what your rights are under Malaysian employment law before disciplinary action is taken.
