In-house trainingTermination Without Tribunal Trouble

Termination Without Tribunal Trouble: Exit Employees the Right Way

Participants learn to choose the right exit route, follow the process for each and keep records that hold up. They leave with a route-selection chart, a termination checklist and a record-keeping list.

Contact Us
Termination Without Tribunal Trouble course cover
Key Outcomes
Choose the right route
e.g., resignation, misconduct, poor performance, retrenchment and end of probation each have different steps
Give correct notice and pay
e.g., 4 weeks for under 2 years' service, 6 weeks for 2 to 5 years, 8 weeks for over 5 years, or pay in lieu where the contract allows
Run a fair performance or retrenchment process
e.g., documented warnings and a chance to improve, or objective selection criteria and alternatives tried first
Avoid forced resignations and keep records
e.g., never cut pay or strip duties to push someone out, and file every warning, letter and inquiry report

Why teams need this

Managers often end employment in anger or by shortcut: no warnings, a rushed retrenchment, or pressure on someone to "just resign". Paying notice does not make a termination safe. One Malaysian law firm says "both termination and dismissal must meet the standard of 'just cause or excuse', as outlined in Section 20(1) of the IRA". A dismissed employee has only 60 days to file a representation, and a successful claim can bring reinstatement or compensation plus back wages of up to 24 months for confirmed employees.

Just cause or excuse
The firm's article cites cases such as Goon Kwee Phoy v J & P Coats Bhd (1981) and Plaat Rubber v Goh Chok Guan (1995). For poor performance, it says employers need documented warnings, opportunities to improve and evidence of persistent failure, because "mere dissatisfaction is insufficient".
Retrenchment rules
Per Donovan & Ho, the employer must prove a bona fide reason and redundancy. The Code of Conduct for Industrial Harmony suggests selection by factors like ability, experience, skill and length of service. Last-in-first-out is common but not mandatory if objective criteria are used. A PK form goes to the Labour Office 30 days before retrenchment, with a RM10,000 fine for failure. Benefits are 10, 15 or 20 days' wages per year of service for employees with 12 months or more under the Employment Act.
Constructive dismissal
An employee can claim if they resign because of a serious breach of a fundamental term, severe enough that a reasonable worker could not continue, with a direct link between the breach and the resignation. Examples include a salary cut without consent, an unjustified demotion or forced relocation.
Group work and role-play
Teams audit a sample termination file against a checklist and spot the gaps. Then they role-play delivering a termination or retrenchment conversation to an employee who asks, "Why me?", practising a calm, factual answer with no promises.

Exercises use your contracts, handbook, forms and typical exit situations. This course is not legal advice.

HRDC/HRDF training that builds confidence and drives growth.

Tell us what your team is facing. We will come back with a plan built around it.

Get started