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, an employee who feels that he has been unfairly dismissed without just cause or excuse by his employer, may lodge a representation to the Director General of Industrial Relations within 60 days from the date of his termination. In the event the employee and employer fail to come to an amicable settlement, the matter will be referred to the Minister of Human Resources who will then consider and decide whether the representation is fit to be referred to the Industrial Court for determination (Read our full article titled " Unfair Dismissal – From Termination to Industrial Court Award").