Document text
Date: [DD MONTH YYYY]
To:
The Director General of Industrial Relations
[OFFICE OF THE INDUSTRIAL RELATIONS DEPARTMENT NEAREST TO YOUR FORMER PLACE OF WORK — NAME AND ADDRESS]
From (the workman):
[YOUR FULL NAME]
[NRIC NO. / PASSPORT NO.]
[YOUR ADDRESS]
[PHONE] · [E-MAIL]
Employer:
[EMPLOYER'S FULL NAME — COMPANY NAME AND REGISTRATION NO.]
[EMPLOYER'S ADDRESS]
[PLACE OF WORK FROM WHICH I WAS DISMISSED, IF DIFFERENT]
Subject: Representation under section 20(1) of the Industrial Relations Act 1967 — dismissal of [YOUR FULL NAME] by [EMPLOYER] on [DATE OF DISMISSAL]
Dear Sir / Madam,
I consider that I have been dismissed without just cause or excuse by my employer, and I make this representation in writing under section 20(1) of the Industrial Relations Act 1967 to be reinstated in my former employment.
1. My employment
Item Details
Position [JOB TITLE]
Department / place of work [DEPARTMENT, BRANCH, ADDRESS]
Date I started work [DATE]
Type of contract [PERMANENT / FIXED TERM ENDING (DATE) / PROBATION]
Last monthly salary RM[AMOUNT] basic + RM[AMOUNT] fixed allowances
Date of dismissal (date stated in the letter) [DATE]
Notice given [NONE / (NUMBER) WEEKS, NOTICE PERIOD ENDING (DATE)]
Reason given by the employer [REASON AS STATED, OR "NO REASON GIVEN"]
Form of dismissal [TERMINATION LETTER DATED (DATE) / VERBAL ON (DATE) / FORCED RESIGNATION / CONSTRUCTIVE DISMISSAL — I LEFT ON (DATE) BECAUSE (BREACH)]
2. What happened
[DESCRIBE IN SHORT NUMBERED POINTS, IN DATE ORDER:]
1. On [DATE], [EVENT].
2. On [DATE], [EVENT — E.G. A SHOW-CAUSE LETTER / DOMESTIC INQUIRY / NO INQUIRY WAS HELD].
3. On [DATE], I received [THE TERMINATION LETTER / A VERBAL INSTRUCTION NOT TO COME BACK].
3. Why the dismissal was without just cause or excuse
[KEEP THE POINTS THAT APPLY, DELETE THE OTHERS]
The reason given is not true: [EXPLAIN].
The alleged misconduct was not proved; no due inquiry was held / I was not given a chance to answer the charges.
The "redundancy" was not genuine: [E.G. MY POSITION WAS FILLED BY (NAME / NEW HIRE) ON (DATE)] / the selection was unfair: [EXPLAIN].
I was forced to resign: [EXPLAIN].
Constructive dismissal: the employer breached an essential term of my contract by [E.G. CUTTING MY SALARY / NOT PAYING WAGES SINCE (DATE) / DEMOTING ME], and I left because of it on [DATE].
The punishment was too harsh compared with what happened.
4. Remedy sought
I ask to be reinstated in my former position without loss of wages, seniority or benefits.
5. Documents attached
1. Appointment letter / employment contract.
2. Termination letter / resignation letter and the reasons for it.
3. Show-cause letter, my reply, inquiry notes (if any).
4. Last three payslips.
5. Messages, e-mails or other evidence: [LIST].
I confirm that this representation is filed within sixty days of my dismissal [OR: OF THE END OF MY NOTICE PERIOD ON (DATE)].
Yours faithfully,
______________________________
[YOUR FULL NAME]
[DATE]
BEFORE FILING — delete this part
60 days is strict. The Director General cannot entertain a representation filed later than 60 days after the dismissal. If you were dismissed with notice, you may file during the notice period, and not later than 60 days after it ends.
Do not wait for an internal appeal. The Act counts 60 days from the dismissal; file even if you are still appealing inside the company.
Ask for reinstatement. Section 20(1) is a representation "to be reinstated" in your former employment.
File at the office nearest to the place where you worked, and keep proof of the filing date.
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