Employment Law & Industrial Relations

Practice Area

Employment Law & Industrial Relations

Employment Contracts, Misconduct, Dismissals & Workplace Disputes

We advise employers and employees on employment law and industrial relations matters, including contracts, workplace policies, misconduct, dismissals and negotiations relating to disputes. Our focus is on clear, practical guidance that helps you manage people issues in a fair and legally compliant way.

Employment Law & Industrial Relations Overview

Employment and industrial relations issues affect both businesses and individuals. Clear contracts, well-drafted policies and proper processes play an important role in reducing disputes and managing risk.

We provide advice across the employment life cycle – from hiring and probation to discipline, performance management, termination and post-employment restrictions.

Our Employment Law & Industrial Relations Services

Employment Contracts & Policies

  • Drafting and reviewing employment contracts
  • Probation, confirmation and fixed-term arrangements
  • Handbooks, HR policies and codes of conduct
  • Confidentiality, non-solicitation and related clauses

Discipline, Misconduct & Performance

  • Advising on investigations into alleged misconduct
  • Show cause letters and domestic inquiry processes
  • Performance management and warning procedures

Termination, Dismissals & Resignations

  • Advice on termination for misconduct or poor performance
  • Retrenchment, redundancy and restructuring exercises
  • Constructive dismissal and resignation issues
  • Severance agreements and exit arrangements

Industrial Relations & Disputes

  • Advising on unfair dismissal and industrial disputes
  • Negotiation and settlement discussions
  • Support in claims before relevant authorities or tribunals

Common Employment & Industrial Relations Issues

Unclear Employment Terms

Contracts or policies that do not clearly set out duties, hours, benefits or termination rights.

Misconduct & Investigations

Allegations of misconduct or harassment and uncertainty on how to run a fair process.

Poor Performance

Managing underperformance and documenting steps before termination.

Dismissal & Retrenchment

Questions about fairness, procedure and possible claims after termination.

Post-Employment Concerns

Use of confidential information, client solicitation or competitive activities after leaving.

Our Approach to Employment & Industrial Relations Matters

We aim to balance legal compliance with practical HR and business realities, focusing on clear steps and documentation.

Step 1

Understanding the Background

We review the employment documents, correspondence and key events leading up to the issue.

Step 2

Identifying Legal & Practical Risks

We highlight legal obligations, potential exposure and practical considerations.

Step 3

Planning the Process

We set out recommended steps, including documentation, timelines and communication.

Step 4

Implementation & Follow-Up

We assist with letters, meetings, negotiations and any subsequent claims or settlements.

Why Engage Us for Employment Law & Industrial Relations?

  • Balanced advice that considers both legal and HR implications
  • Clear guidance on procedure, documentation and communication
  • Support for employers and employees in navigating disputes
  • Structured approach to investigations and disciplinary processes
  • Focus on realistic, outcome-oriented strategies

Frequently Asked Questions

What should employers do before dismissing an employee?

Employers should ensure there is a proper basis for dismissal, adequate documentation and a fair process. This may include investigations, show cause letters and a chance for the employee to respond.

What can employees do if they feel they were unfairly dismissed?

Employees should keep relevant documents and seek advice on possible claims, deadlines and options for raising the issue with the appropriate channels.

Are written employment contracts necessary?

Written contracts are strongly recommended as they provide clarity on terms, rights and obligations for both employer and employee.

Can workplace disputes be resolved without formal claims?

Many issues can be resolved through internal processes, dialogue and negotiated settlement. Formal claims may be one option, but not always the first or only route.

Speak to Our Employment Law & Industrial Relations Team

If you are dealing with an employment or industrial relations issue, our team can help you understand your position, options and next steps.

Phone: +603 3325 7280
WhatsApp: +60 16-244 3367
Email: general@dmplegal.com.my
Contact Form: Submit an enquiry