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Dismissal Letter For Misconduct for Malaysia

Dismissal Letter For Misconduct Template for Malaysia

A formal termination letter issued under Malaysian employment law to dismiss an employee for misconduct. The document must comply with the Employment Act 1955 and Industrial Relations Act 1967, incorporating principles of natural justice as established by Malaysian Industrial Court precedents. It details the specific misconduct, references the disciplinary process followed, states the termination decision, and includes information about final payments and post-employment obligations. The letter serves as a crucial legal document that may be scrutinized in the event of unfair dismissal claims, making it essential to maintain proper documentation and follow due process.

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Dismissal Letter For Misconduct

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What is a Dismissal Letter For Misconduct?

A Dismissal Letter For Misconduct is a critical employment document used in Malaysia when terminating an employee's service due to proven misconduct. It must be drafted in compliance with Malaysian employment legislation, particularly the Employment Act 1955 and Industrial Relations Act 1967. The letter should only be issued after a proper investigation and disciplinary hearing have been conducted, following principles of natural justice. It serves as official documentation of the termination decision, detailing the misconduct, referencing the investigation process, and specifying termination terms. This document is crucial for protecting the employer's interests in potential unfair dismissal claims and ensuring transparency in the termination process. The letter must be carefully drafted to include all necessary elements while maintaining professionalism and clarity.

What sections should be included in a Dismissal Letter For Misconduct?

1. Letter Header: Company letterhead, date, reference number, and delivery method (e.g., hand delivery or registered post)

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 for misconduct

4. Reference to Investigation: Summary of the disciplinary process, including dates of show cause letters and disciplinary hearings

5. Misconduct Details: Clear statement of the misconduct findings and breach of company policies/procedures

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

7. Final Payment Details: Information about final salary, unused leave, and any other statutory payments

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

9. Signature Block: Authorized signatory details and space for acknowledgment of receipt

What sections are optional to include in a Dismissal Letter For Misconduct?

1. Garden Leave: Include when employee is required to serve notice period but not attend workplace

2. Post-Employment Restrictions: Reference to applicable non-compete or confidentiality obligations if in employment contract

3. Benefits Continuation: Information about any benefits that continue post-termination, if applicable

4. Appeal Rights: Information about internal appeal procedures, if company policy allows

5. Reference Policy: Company's position on providing future employment references

What schedules should be included in a Dismissal Letter For Misconduct?

1. Show Cause Letter: Copy of the show cause letter issued to employee

2. Investigation Report: Summary of investigation findings and evidence

3. Disciplinary Hearing Minutes: Minutes or notes from the disciplinary hearing

4. Final Payment Calculation: Detailed breakdown of final payment components

5. Employee Acknowledgment Form: Form for employee to acknowledge receipt of termination letter

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 | Serial Founder & Legal AI Author

Jurisdiction

Malaysia

Document Type

Termination Letter

Cost

Free to use
Relevant legal definitions




















Clauses


















Relevant Industries

Banking & Finance

Manufacturing

Technology

Retail

Healthcare

Education

Construction

Professional Services

Hospitality

Telecommunications

Transportation

Energy

Mining

Agriculture

Public Sector

Relevant Teams

Human Resources

Legal

Compliance

Industrial Relations

Employee Relations

Senior Management

Operations Management

Relevant Roles

Human Resources Director

HR Manager

Legal Counsel

Department Manager

Chief Executive Officer

Managing Director

HR Executive

Legal Manager

Compliance Officer

Industrial Relations Manager

Employee Relations Manager

HR Business Partner

General Manager

Operations Director

Industries





Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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