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Gross Misconduct Dismissal Letter

Gross Misconduct Dismissal Letter Template for Malaysia

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Gross Misconduct Dismissal Letter

"I need a Gross Misconduct Dismissal Letter for our senior data analyst who was found sharing confidential client financial data with competitors on January 15, 2025; the letter needs to emphasize confidentiality breaches and reference our financial services regulatory obligations."

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Document background
The Gross Misconduct Dismissal Letter is a critical document used when terminating employment immediately due to serious misconduct under Malaysian employment law. It should be used only after a proper investigation has been conducted and the employer has sufficient evidence of gross misconduct that breaches the employment contract or company policies. The letter must comply with the Employment Act 1955, Industrial Relations Act 1967, and relevant case law from the Malaysian Industrial Court. It serves as official documentation of the termination decision, outlining the specific misconduct, investigation findings, and final arrangements. This document is particularly important as it may be subject to scrutiny in potential unfair dismissal claims, making it essential that it demonstrates adherence to principles of natural justice and proper procedural requirements.
Suggested Sections

1. Letter Header: Company letterhead, date, reference number, and addressee details

2. Subject Line: Clear indication that this is a termination letter for gross misconduct

3. Introduction: Reference to previous disciplinary hearing/investigation and date

4. Details of Misconduct: Specific details of the gross misconduct incident(s) with dates and evidence references

5. Investigation Findings: Summary of investigation process and findings that led to the decision

6. Termination Decision: Clear statement of immediate termination due to gross misconduct

7. Legal Basis: Reference to relevant employment contract clauses and company policies that define and prohibit the misconduct

8. Final Arrangements: Instructions regarding return of company property, final paycheck, and exit procedures

9. Right of Appeal: Information about the employee's right to appeal the decision and the process to do so

Optional Sections

1. Previous Warnings: Include if there were prior documented warnings or disciplinary actions

2. Union Representative Reference: Include if employee had union representation during the disciplinary process

3. Security Measures: Include if immediate security escort or system access termination is required

4. Non-Compete Reminder: Include if employee is bound by post-employment restrictions

5. Benefits Information: Include if there are specific company benefits that need addressing

6. Legal Notice: Include if specific legal requirements or prohibitions need to be emphasized

Suggested Schedules

1. Investigation Report Summary: Summary of the formal investigation findings and evidence

2. Meeting Minutes: Minutes from disciplinary hearing(s) and any follow-up meetings

3. Evidence List: List of all evidence considered in making the dismissal decision

4. Company Property Checklist: List of company items to be returned and deadline for return

5. Final Payment Calculation: Breakdown of final payment including any statutory deductions

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Manufacturing

Financial Services

Technology

Retail

Healthcare

Construction

Education

Hospitality

Professional Services

Telecommunications

Energy

Transportation

Mining

Agriculture

Public Sector

Relevant Teams

Human Resources

Legal

Compliance

Senior Management

Operations

Industrial Relations

Employee Relations

Administration

Relevant Roles

HR Director

HR Manager

Legal Counsel

Department Head

Line Manager

Operations Director

General Manager

Managing Director

CEO

Regional Manager

Country Manager

Compliance Officer

Employee Relations Manager

HR Business Partner

Industrial Relations Manager

Industries
Employment Act 1955: Primary legislation governing employment relationships in Malaysia, including provisions for termination of employment and procedural requirements for dismissal
Industrial Relations Act 1967: Governs industrial relations, including procedures for dismissal, dispute resolution, and protection against unfair dismissal
Employment (Termination and Lay-Off Benefits) Regulations 1980: Specifies requirements regarding termination benefits and proper procedures, though benefits may not apply in gross misconduct cases
Trade Unions Act 1959: Relevant if the employee is a union member, as additional procedures or consultations may be required
Code of Conduct for Industrial Harmony 1975: Guidelines on proper conduct of dismissals and maintaining good industrial relations practices
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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