Under section 20 of the Industrial Relations Act 1967, a dismissed employee must submit a written representation to the nearest office of the Director General of Industrial Relations within 60 days of the dismissal. A conciliation meeting is held first, and if the matter does not settle it can be referred to the Industrial Court.
The Industrial Court applies a two-stage test from Wong Chee Hong v Cathay Organisation [1988] 1 MLJ 92. First, did the employer prove the misconduct or other reason? The burden is on the employer. Second, was dismissal a proportionate punishment? A first-time minor offence is rarely just cause; a final written warning or demotion may be more appropriate.
Generally no. Section 28 of the Contracts Act 1950 makes agreements in restraint of trade void, except in narrow cases such as the sale of goodwill or the dissolution of a partnership. Confidentiality and non-solicitation obligations may still be enforceable.
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