Constructive Dismissal Letter for Malaysia

Constructive Dismissal Letter Template for Malaysia

A formal legal document used in Malaysian employment law context where an employee terminates their employment due to the employer's conduct that amounts to a fundamental breach of the employment contract. This document details the circumstances leading to the constructive dismissal claim, citing specific incidents, timeline of events, and breaches of employment terms under Malaysian law, particularly the Employment Act 1955 and Industrial Relations Act 1967. It serves as a formal notice to the employer and potentially as supporting documentation for subsequent legal proceedings in the Malaysian Industrial Court.

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What is a Constructive Dismissal Letter?

A Constructive Dismissal Letter is a crucial document in Malaysian employment law when an employee is forced to resign due to the employer's conduct making the continuation of employment untenable. This document is typically used when there has been a fundamental breach of the employment contract by the employer, such as unilateral changes to employment terms, creating a hostile work environment, or failure to address serious workplace issues. The letter must comprehensively document the circumstances, timeline, and specific incidents that led to the constructive dismissal situation, while referencing relevant Malaysian legislation and employment laws. It serves both as a formal notification to the employer and as a potential foundation for legal proceedings in the Malaysian Industrial Court, where constructive dismissal claims are heard.

What sections should be included in a Constructive Dismissal Letter?

1. Recipient Details: Full name, title, and address of the employer/HR department

2. Subject Line: Clear indication that this is a constructive dismissal claim

3. Employment Information: Details of employment including start date, position, and current salary

4. Chronology of Events: Detailed timeline of incidents that led to the constructive dismissal situation

5. Breach of Contract: Specific details of how the employer breached the employment contract or employment law

6. Previous Attempts at Resolution: Documentation of prior complaints, grievances, or attempts to resolve the issues

7. Impact Statement: Description of how the employer's actions affected the employee's ability to continue working

8. Legal Basis: Reference to relevant sections of Malaysian employment law supporting the claim

9. Notice of Resignation: Clear statement that the resignation is due to employer's conduct constituting constructive dismissal

10. Relief Sought: Statement of the remedies being sought (compensation, reinstatement, etc.)

11. Closing: Professional closing with timeline for expected response

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

1. Discrimination Claims: Include if there are any discrimination-related issues contributing to the constructive dismissal

2. Workplace Harassment: Detail any harassment incidents if relevant to the constructive dismissal claim

3. Medical Impact: Include if the situation has resulted in medical or psychological issues

4. Union Involvement: Reference to union support or representation if applicable

5. Witness Statements: Include if there are colleagues who can corroborate the claims

What schedules should be included in a Constructive Dismissal Letter?

1. Employment Contract: Copy of the original employment contract and any amendments

2. Communication Records: Copies of relevant emails, letters, or other communications with employer

3. Performance Reviews: Recent performance evaluations or feedback

4. Medical Certificates: Any relevant medical documentation if health has been affected

5. Previous Complaints: Copies of previous formal complaints or grievances filed

6. Supporting Evidence: Any other documentary evidence supporting the claims made

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Malaysia

Publisher

Genie AI

Document Type

Termination Letter

Cost

Free to use
Relevant Industries

Manufacturing

Financial Services

Technology

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Retail

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Transportation and Logistics

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Human Resources

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Customer Service

Research and Development

Production

Quality Assurance

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Relevant Roles

Chief Executive Officer

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Department Manager

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Professional Staff

Administrative Officer

Technical Specialist

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Operations Manager

Project Manager

Research Scientist

Customer Service Representative

Finance Manager

Marketing Executive

Human Resources Officer

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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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