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Disciplinary Dismissal Letter for Malaysia

Disciplinary Dismissal Letter Template for Malaysia

A Disciplinary Dismissal Letter is a formal document used in Malaysia to terminate an employee's employment due to misconduct or breach of company policies. The document must comply with Malaysian employment law, particularly the Employment Act 1955 and Industrial Relations Act 1967. It serves as official documentation of the termination decision, detailing the specific grounds for dismissal, referencing any prior warnings or disciplinary actions, and outlining final employment arrangements. The letter must be drafted carefully to ensure procedural fairness and maintain legal compliance, as it may be scrutinized in potential unfair dismissal claims before the Malaysian Industrial Court.

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What is a Disciplinary Dismissal Letter?

The Disciplinary Dismissal Letter is a crucial document in Malaysian employment practice, used when terminating an employee's service due to misconduct, policy violations, or serious breaches of employment terms. It represents the final step in a disciplinary process and must be drafted in compliance with Malaysian employment legislation, including the Employment Act 1955 and Industrial Relations Act 1967. The letter should be issued after proper investigation and disciplinary proceedings have been conducted, and typically follows prior warnings unless the misconduct is severe enough to warrant immediate dismissal. This document serves multiple purposes: it formally communicates the termination decision, provides a record of the reasons for dismissal, outlines any final payments or obligations, and helps protect the employer in potential unfair dismissal claims. Its content and timing are critical, as Malaysian courts closely scrutinize dismissal procedures when hearing workplace disputes.

What sections should be included in a Disciplinary Dismissal Letter?

1. Letter Header and Date: Company letterhead, date, and reference number of the letter

2. Employee Details: Full name, employee ID, position, and department of the employee

3. Subject Line: Clear indication that this is a termination of employment letter

4. Misconduct Details: Specific description of the misconduct or breach that led to the dismissal

5. Previous Warnings Reference: Summary of previous warnings, investigations, or disciplinary actions taken

6. Termination Decision: Clear statement of the decision to terminate employment and effective date

7. Legal Basis: Reference to relevant company policies, employment contract clauses, or legal provisions justifying the dismissal

8. Final Payments: Information about final salary, outstanding benefits, and payment timing

9. Company Property: Instructions regarding return of company property and revocation of access

10. Signature Block: Authorized signatory details and company stamp

What sections are optional to include in a Disciplinary Dismissal Letter?

1. Appeal Rights: Information about internal appeal procedures, if company policy allows for appeals

2. Garden Leave: Include if employee is placed on garden leave during notice period

3. Non-Compete Reminder: Include if employment contract contains post-employment restrictions

4. Exit Interview: Include if company requires an exit interview process

5. Certification of Service: Include if employee has requested or company typically provides employment certification

What schedules should be included in a Disciplinary Dismissal Letter?

1. Investigation Report: Summary or full report of disciplinary investigation conducted

2. Previous Warning Letters: Copies of previous warning letters issued to the employee

3. Meeting Minutes: Minutes from disciplinary hearings or meetings related to the misconduct

4. Evidence Documents: Relevant evidence supporting the grounds for dismissal

5. Final Payment Calculation: Detailed breakdown of final payment including salary, benefits, and deductions

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Malaysia

Cost

Free to use

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