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Cost of legal assistance to fight case of unfair dismissal in Industrial Court

Angela73
Member
Thu, 01 Mar 2018 05:38:51 AM  (Last updated: Thu, 01 Mar 2018 02:14:03 PM)

My employment has just been terminated without notice due to misconduct. 

I wish to bring my case to the Labour department/Industrial Relations for unfair dismissal.

What is the process like from lodging a complaint at the Labour department to getting my day in Industrial Court?

Can I do it alone or is it advisable to engage the assistance of lawyers or trade unions etc?

How do they charge? Is there a formula to follow as to how they charge? What is the market rate?

Any information is greatly appreciated.

Thanks,

Angela

KL Siew
Administrator
Thu, 01 Mar 2018 08:56:17 AM

It is too early to talk about getting a lawyer, what you should do is to personally go to the Industrial Relations Department and bring the matter up with them. They should be able to advise you what to do or what you can do. You should report within 60 days from the date of termination of service.
 

SuharinKL
Contributor
Thu, 01 Mar 2018 02:14:03 PM
Originally posted by Angela73 on Thu, 01 Mar 2018 02:14:03 PM

My employment has just been terminated without notice due to misconduct. 

I wish to bring my case to the Labour department/Industrial Relations for unfair dismissal.

What is the process like from lodging a complaint at the Labour department to getting my day in Industrial Court?

Can I do it alone or is it advisable to engage the assistance of lawyers or trade unions etc?

How do they charge? Is there a formula to follow as to how they charge? What is the market rate?

Any information is greatly appreciated.

Thanks,

Angela

If i may address your questions as follows:-

1) Once you lodge a complaint at the Industrial Relation Department (IRD), within 1 - 2 weeks, the IRD will call you and the Company to attend a conciliation meeting with the view to settle the matter amicablly. If no settlement, the the case may be referred to Industrial Court within 6 to 12 months from the conciliation date.

2) You can do it alone but it is advisable to appoint a lawyer that is well verse and familiar in industrial matters as it will involve questions of law and legal procedure especially if the Company is represented by lawyer.

3) The charges may vary depending on the firm's practice/policy. It can be based on your last drawn salary or certain percentage taken from the amount awarded by the Court etc. most important is to find the correct lawyer as not all lawyers do industrial matters.

Regards,

suharinsulaiman@gmail.com

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