Unlawful Termination - How Your Ex Employee Could File a Case Against You

How Does Your (Ex) Employee File a Case (Under Section 20) Against You For Unlawful Termination?

Have you ever wondered how your ex employee makes a representation at the Industrial Relations Department if you as an employer wrongfully terminated them without any valid reason? Here, we will share with you on the actual process of this.

1) 60 Days From The Last Date Of Employment

Right after being terminated (without a valid reason), the ex employee needs to file his/her case within 60 days from the last date of employment. If exceeded 60 days, the ex-employee is NO LONGER ELIGIBLE to file the case.

2) The Nearest IR Office (Branch) To The Workplace

For example:

If you are working at KL Sentral, Kuala Lumpur, the nearest IR Office would be JPP WP K.Lumpur. You may also contact +603-8886.5460 (JABATAN PERHUBUNGAN PERUSAHAAN MALAYSIA) or visit this website,  www.jpp.mohr.gov.my for more inquiries.

​3) The 'Borang Lampiran P1' aka Dismissal Representation Form

Here, the ex-employee would need to explain his/her intention to the IR Officer upon arrival at the IR Office. The ex-employee would usually inform the Officer on Duty to file the case under 'Dismissal Representation', specifically under the Section 20(1) of the Industrial Relations Act 1967. The IR Officer would then provide the “Borang Lampiran P1” which is titled as 'Dismissal Representation under Section 20 (1) of the Industrial Relations Act 1967'. The form is provided free of charge.

4) Here are the usual steps to complete the Borang Lampiran P1 (Dismissal Representation under Section 20(1) of the Industrial Relations Act 1967) which is self-explanatory in BM.

Part I: 

Part II:

Part III:

Lastly, once the ex-employee's case has been successfully referred to the Industrial Court, he/she can appoint a lawyer to represent him/her in the Industrial Court. 

This is where you should receive an official letter from the Industrial Court which is commonly known as 'Borang F' or 'Form F' with the Claimant and its Case's details. In case you are wondering, you can also appoint a lawyer as well to represent your company for this purpose before the Mention Date and Time given.

This article is by IRLAW2U.my

If you have any inquiries, you may visit www.IRLAW2U.my to refer to our IR Consultants.