How is giving evidence at the Industrial Court different?

If your unfair dismissal complaint has been referred to the Industrial Court, or your employer has asked you to give evidence there, you may wonder how it compares with an ordinary court. The Industrial Court is a specialised body set up under the Industrial Relations Act 1967. It works differently in some important ways, but the duty to tell the truth is exactly the same.

Why is the Industrial Court less formal?

Section 30(5) of the Act requires the Court to act according to equity, good conscience and the substantial merits of the case without regard to technicalities and legal form. In practice this means:

• the Court is generally not bound to apply technical rules of evidence strictly;
• procedural slips are less likely to decide a case than in the civil courts;
• the Court looks at the overall fairness of what happened at the workplace.

Hearings are usually presided over by a Chairman, and the decision is called an award rather than a judgment.

"Less formal" does not mean "casual". Witnesses still take an oath or affirmation, are examined, cross-examined and re-examined, and documents are marked as exhibits. Giving false evidence is an offence under the Penal Code, as in any other court.

Who gives evidence first?

In a dismissal case where the dismissal itself is not disputed, the employer usually goes first, because it generally bears the burden of proving that the dismissal was for just cause or excuse. Its witnesses are often the manager who made the decision, the person who conducted any domestic inquiry, and colleagues who saw the alleged misconduct.

Where the employee says they were constructively dismissed, or the employer denies there was a dismissal at all, the employee usually has to prove the dismissal first. Your lawyer will explain the order in your case.

How are witness statements used?

Like the civil courts, the Industrial Court commonly directs that evidence-in-chief be given by witness statement, exchanged before the hearing, with documents compiled into bundles. At the hearing you confirm your statement on oath and are then cross-examined. The same rules apply as elsewhere: the statement must be in your own words, based on what you personally know, and true.

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What if my colleagues are witnesses?

This is one of the biggest practical differences. Witnesses at the Industrial Court are often current employees of the company, giving evidence while they still work there, sometimes about a colleague or a former boss.

If you are a colleague called as a witness:

• your duty is to the Court, to tell the truth, not to help either side;
• you should not be pressured, threatened or rewarded in connection with your evidence; tell a lawyer if this happens;
• you may be asked whether you discussed your evidence with the employer or the claimant; answer honestly;
• you should not discuss your evidence with other witnesses while the case is going on.

If you are the claimant, do not contact your former colleagues to "remind" them of what happened. That can look like interfering with witnesses.

What should I prepare?

• Your letter of appointment, show-cause letter, charge sheet, inquiry notes and termination letter.
• Emails, messages and performance records relevant to the allegations.
• Your witness statement, read slowly and corrected before the hearing if needed.
• A timeline of key dates: incident, suspension, inquiry, dismissal, your section 20 representation.
• Records of income after dismissal, as these may be relevant to any compensation.

Common mistakes

• Treating the informality as permission to argue. Answer questions calmly and directly.
• Speaking about matters you did not see, especially workplace rumours.
• Exaggerating or minimising the incident that led to the dismissal.
• Forgetting the domestic inquiry record. What you said then may be put to you.
• Contacting other witnesses about their evidence.

Example

A supervisor at a factory in Pasir Gudang was dismissed after a safety incident. At the hearing, the company's witness, a shift manager, was asked in cross-examination whether he had actually seen the incident. He honestly said he had arrived afterwards and relied on a CCTV recording. The recording was then produced and the Chairman could decide on the best available evidence.

When to speak to a lawyer

Speak to a lawyer once your case is referred to the Industrial Court, or if you are asked to give evidence and are worried about your position at work. Strict time limits apply to unfair dismissal representations and to challenging an award. Chris & Partners, led by Dr Chee Hui Bing, handles employment litigation. Contact us; every case depends on its facts.

Frequently asked questions

Does the Evidence Act apply at the Industrial Court?

The Court is generally not bound by technical rules of evidence, but it still looks for reliable, relevant evidence and fairness to both sides.

Can my employer stop me from giving evidence for a former colleague?

You should not be penalised for giving truthful evidence. If you are pressured, tell a lawyer.

Do I need to swear an oath?

Yes. Witnesses give evidence on oath or affirmation.

Can I bring documents on the day?

Documents are usually prepared in bundles before the hearing. Give them to your lawyer early; late documents may need the Court's permission.

Is the Industrial Court the same as the Labour Court?

No. Labour Court claims about wages are handled by the Labour Department under the Employment Act 1955, while unfair dismissal goes through the Industrial Relations Department and the Industrial Court.

Sources & fact check

Legal points in this article were checked against the primary sources below. The law can change; this is general information, not legal advice.

1. Industrial Relations Act 1967 (Act 177), including section 20, AGC Laws of Malaysia
2. Industrial Court of Malaysia (Mahkamah Perusahaan), official portal
3. Evidence Act 1950 (Act 56), Part III Chapter X: examination of witnesses (ss.137-166), AGC Laws of Malaysia
4. Penal Code (Act 574), Attorney General's Chambers Laws of Malaysia
5. Department of Labour Peninsular Malaysia (JTKSM): Labour case FAQ

Fact-checked on 17 Oct 2026