In a bold and precedent-reaffirming decision on 17 June 2025 for the case of Ooi Mei Chien v. Osram Opto Semiconductors Sdn Bhd, the Federal Court of Malaysia ordered the reinstatement of a former senior executive, rejecting the notion that monetary compensation should be the default remedy even for high-ranking roles. The case made waves…

If you have been unfairly dismissed by your employer, you have the right to file a representation under Section 20(1) of the Industrial Relations Act 1967 (IRA) for reinstatement to your former employment. This is commonly referred to as a claim for unfair dismissal in the Industrial Court. Remedies Available Upon finding that the dismissal…

In Malaysia, probationary periods are a standard practice in employment, serving as a trial phase for employers to evaluate new hires before offering permanent positions. This period is critical for assessing skills, behavior, and organizational fit. However, misunderstandings about probationers’ rights and employers’ obligations often arise. This comprehensive guide explores five key aspects of probationary…

1. What is a domestic inquiry? 1.1 A domestic inquiry is an internal disciplinary proceeding conducted by an employer to make a finding as to whether a given employee has committed an act (or acts, as the case may also be) of misconduct in breach of his terms of employment. Misconduct is not defined under…

Due to the recent amendment of the Employment Act 1955 (“the Act”), there is an increasing concern among the employers regarding the payment of overtime. The employers are piled with the pressure to pay employees earning RM 4,000 or less with overtime allowance as this would undoubtedly raise the operational costs involved in business. Many…

The Industrial Relations (Amendment) Act 2020 have made significant amendments to the Industrial Relations Act 1967, one of which is the deletion of section 33A of the Act and the introduction of section 33C to the Industrial Relations Act 1967. Previously under section 33A of the Industrial Relations Act 1967, any challenge towards the Industrial…

Entitlement Holiday by An Employee the National Day; the Birthday of the Yang di-Pertuan Agong; the Birthday of the Ruler of the State or Yang-di-Pertua Negeri or Federal Territory in which the employee wholly or mainly works under his contract of service, or the Federal Territory Day; the Workers’ Day; and the Malaysia Day; and…