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Found cheaper? We match it — see conditions. Incorporation and secretary transfer also carry a 30-day money-back guarantee.

You already know you were right to let them go. Whether you can prove it is the only question left.

The clock started the day you let them go — not the day they complain.

2

separate questions a dismissal is judged on — most employers prepare for one

What actually decides an unfair dismissal case

Four things it turns on

REASON

Just cause

A valid ground — misconduct, poor performance, redundancy — genuinely present and provable, not just felt to be true at the time.

PROCESS

A fair process

Warned, given a real chance to respond, and the decision reached deliberately — not a snap call made and announced the same day.

RECORD

What was written down at the time

The warning, the meeting, the reason as stated then — not reconstructed from memory once a claim has already arrived.

WINDOW

How long there is to act

A real time limit to bring, or to properly respond to, a claim — running from the date of the dismissal itself.

+ the two tests are weighed separately — a sound reason does not excuse a bad process, and a good process does not excuse an unfair reason

+ most employers prepare an answer for the first question and never think about the second until a claim has already landed

What the bill depends on

What it looks like

The cost depends on how strong your case is.

What's actually true

It depends on how long the process runs — hearings, mentions, letters — and that is set by the other side and the schedule, not by how right you are. Which is why an hourly engagement cannot tell you the total when you start.

So the number that matters is not the rate. It is whether anyone will commit to a figure before the work begins.

The decision was already made. The record is what's being judged now.

You can bring in representation at any point after the fact. What nobody can do is go back and create the warning that was never given, or the meeting that never happened — the process is judged on what was actually done and written down at the time, and that either exists already or it doesn't.

Malaysian employment law tests a dismissal on two separate questions: whether there was a valid reason, and whether a fair process was followed in reaching it. A sound reason on its own does not answer the second question, and the process is assessed on what was genuinely done and recorded at the time — not on how convincingly it is explained afterward. The exact framing, and any provisions or forum to name, are being confirmed with legal before this page states them.

The one question that decides this

Anyone can argue your case at a hearing. Almost nobody can show up with a record that was already being kept before there was a dispute.

What happens once a claim actually lands

Any competent employment litigator and OCTIS can both argue your case well. The difference shows up in what each side can actually put in front of the person deciding it:

An employment litigator
Represents you through a claim
Knows Malaysian employment law and how these cases are argued
Can argue the reason for the dismissal was sound
Prepares your position before a hearing
Builds that position from what you can still find and remember, once the claim has already arrived
OCTIS
Represents you through a claim
Knows Malaysian employment law and how these cases are argued
Can argue the reason for the dismissal was sound
Prepares your position before a hearing
Builds that position from the contract, the payroll record and any warnings — already being kept before there was a dispute to prepare for

Why the record already exists before a case does

1

The employment contract is signed and filed in the account

the terms, the role, the start date — not a paper copy in a drawer

2

Payroll runs against it every month

pay, deductions and attendance are already a running record, not a reconstruction

3

A warning, if one is ever issued, is logged where it's issued

dated and attributed at the time, not written up afterward from memory

4

When a dismissal happens, the record is already there

not assembled after the claim lands — it existed before the dispute did

A litigator engaged after the fact can only work with whatever you can still find and remember. They didn't run the payroll and they weren't the one who logged the warning — they cannot produce a record that was never being kept systematically in the first place. Only whoever was already keeping it can hand it over complete.

The window to act

There's a real time limit to bring, or to properly respond to, a dismissal claim, running from the date of the dismissal. How long it is isn't something to guess at:

Raised while the window is still open
Raised after it has already closed

We check this first, before anything else — because if it's already shut, it changes what's actually possible, and it's worth confirming precisely rather than assuming from a general rule of thumb.

Right reason, wrong process

Here's the pattern that catches most employers — a dismissal with a genuinely sound reason, and a process that skipped the steps:

The reasonSound — repeated unexcused absence, clearly documented
The processSkipped — no warning issued, no chance to respond, decided and announced the same day
OutcomeStill loses — a sound reason does not excuse a bad process

This isn't a technicality catching honest employers by surprise. It's the actual test, and it's checkable in advance — which is the point of looking at it before a dismissal, not after one.

What it costs to pull the record

RM 0

to compile the contract, the payroll history and any documented warnings for this employee — if they're already on OCTIS, it's already the same account, not a request sent to a separate payroll provider or a filing cabinet.

For anyone not already on OCTIS, this is exactly the record that gets assembled from scratch instead — slower, and dependent on what can still be found.

From what happened to a fixed fee

This is quote-based work — scope genuinely varies with what happened and what was recorded. Here's how the fee gets fixed, not run up as it goes:

1

You tell us what happened

the dismissal, any warnings, and the date — the date matters more than anything else at this stage

2

We check the window first

whether the time limit to act has already passed, before anything else is worth discussing

3

We look at what's actually documented

the contract, the payroll record, any written warnings — already in one place if you're on OCTIS, gathered from what you have if you're not

4

A fixed fee, agreed before anything starts

not billed by the hour, and not a share of any outcome — you know the number before you commit to it

The one thing that moves the fee is how much of the record already exists. Most of what a case turns on should have been written down months before the dispute — this is where we find out how much of it was.

Timing

There's a window to act, and it's short

We check whether it's already closed before anything else — it decides what's actually possible from here.

The fee

Fixed, and agreed before work starts

Not billed by the hour, and not a percentage of any outcome — you know the number before you commit.

Who does the work

An in-house Advocate & Solicitor

Representation is a distinct, paid step — not something a document or a record does on its own.

Not covered

  • The 30-day money-back guarantee covers only new company incorporation and transfer of company secretary — not this, or any other legal service. What applies here instead: a fixed fee agreed before work starts, a retainer you can cancel any month, and your documents leave with you.
  • If nothing was ever written down — no contract, no warning, no note of what was actually said — it cannot be recreated after the fact in a way that looks like it was made at the time. What we can do from here is document accurately going forward; that is real, but it is not the same as a record that already existed.
  • This service is for an employer already past the decision — a dismissal has happened, or a claim already exists. If you're still deciding whether to let someone go, that's a different, earlier conversation — advice before the decision, not representation after it — and it costs far less to get right.
  • SSM's own statutory filing fees, where any part of this touches a filing, are charged by SSM directly and are not part of this service.
Is this for the employer or the employee?

The employer's side — a business handling a dismissal that's already happened, or a claim already filed against it. If you're the employee, a different service applies to your side of it, and it's a separate conversation, not this page.

How do I know if the time limit to act has already passed?

It depends on the date of the dismissal and what's being claimed, and it's the first thing we check once you tell us what happened — not something to work out from a general rule of thumb, because getting it wrong either way costs you options.

We don't have much written down — warnings were verbal, nothing was filed at the time. Can this still be handled?

Yes, but honestly: a record made now is weaker than one made at the time, because it can't be dated to when things actually happened. We'll tell you plainly how that affects your position rather than pretend it doesn't matter.

What actually decides the fee?

Mostly how much of the record already exists. A case built on a contract, payroll history and dated warnings that were already being kept takes less work to prepare than one built from whatever can still be found after the fact — the fee reflects that, and it's agreed before we start.

Does the 30-day money-back guarantee cover this?

No — the guarantee covers only new company incorporation and transfer of company secretary. What applies here instead is a fixed fee agreed before work starts and a retainer you can cancel any month.

The case isn't decided by what you say happened. It's decided by what you can show was already written down.

Tell us what happened. One of our in-house Advocates & Solicitors reviews the record and tells you exactly where you stand.