Arman had been working in his company for nearly three years. He was not the top performer, but he was consistent and dependable. One evening, after finishing a long day at work, his phone buzzed with a message from his manager.

It was a WhatsApp text that read: “We are sorry, but the company has decided to terminate your services with immediate effect. Please don’t come to work tomorrow. HR will sort out your final salary.”

Staring at the screen in disbelief, Arman wondered: Can they really fire me like this? No meeting, no warning, just a WhatsApp message?

The Law

Malaysian employment law has clear rules on how termination must be handled.

1. Employment Act 1955 (Act 265)

• Section 12 of the Employment Act requires that either party terminating a contract of service must provide written notice of termination. The length of notice depends on the contract or, if unspecified, the minimum periods in the Act (usually 4 weeks for employment under 2 years, 6 weeks for 2–5 years, and 8 weeks for over 5 years).
• Section 14 provides that an employer may terminate without notice only for misconduct after due inquiry. This means the employer must conduct a domestic inquiry (DI) or at least give the employee a fair chance to explain before dismissal.
• Section 20 of the Industrial Relations Act 1967 further allows an employee who feels he was dismissed without just cause or excuse to lodge a representation to the Director General for Industrial Relations within 60 days.

2. Is WhatsApp a “Written Notice”?
In theory, WhatsApp is a form of written communication. Malaysian courts have recognised electronic messages (including SMS and WhatsApp) as valid evidence in disputes. However, the mode of delivery is not the issue—the real issue is substance and procedure.

If an employer simply sends a WhatsApp message without following due process—no notice period, no domestic inquiry, no justification—then the dismissal may be considered unlawful. The Industrial Court has repeatedly ruled that termination must be based on just cause and excuse and carried out with procedural fairness.

3. Summary Dismissal
Employers can summarily dismiss (terminate without notice) only in cases of gross misconduct—for example, theft, fraud, or violence in the workplace. Even then, the employee must be given an opportunity to defend themselves. A WhatsApp message with no inquiry or hearing does not meet this standard.

Lessons

For Employees:

• Termination must be fair. If you are dismissed without proper notice or without being given a chance to explain alleged misconduct, you may file a case for unfair dismissal under Section 20 of the Industrial Relations Act.
• Keep records. Save the WhatsApp message, any correspondence, and proof of service duration. These will support your claim if the case goes to conciliation or Industrial Court.
• Act quickly. You only have 60 days from the date of dismissal to file a representation. Delay can weaken your case.

For Employers:

• Follow due process. Even if the company has valid reasons (e.g., performance, redundancy, misconduct), dismissal must follow the law. Provide notice as per contract or statutory requirements, and conduct a fair inquiry where misconduct is alleged.
• WhatsApp is not enough. While convenient, firing someone through a casual message undermines procedural fairness. Employers should issue a formal termination letter, properly dated, signed, and delivered.
• Avoid legal risks. Unfair dismissal cases can result in costly awards of back wages, reinstatement orders, or damages. The company’s reputation may also suffer if word spreads about unprofessional practices.

For HR Practitioners:

• Educate managers. Many supervisors may think that WhatsApp or email is sufficient, but HR must ensure legal procedures are followed.
• Document properly. Termination should always be recorded through formal letters and supported by evidence of performance reviews, warnings, or inquiry proceedings.
• Promote fairness. Employees who feel respected during exit—even if dismissed—are less likely to challenge the company legally.

Conclusion

So, is it legal to be fired through a WhatsApp message? The short answer is no—not if that is the only step taken.

While WhatsApp can technically serve as “written notice,” Malaysian law demands far more. The Employment Act 1955 and Industrial Relations Act 1967 require that termination be carried out with just cause, proper notice, and due inquiry where misconduct is alleged. A sudden WhatsApp dismissal, without notice or explanation, almost certainly qualifies as unfair dismissal.

For employees, the lesson is to know your rights and act promptly if dismissed unfairly. For employers, the lesson is that convenience should never override compliance. A professional termination process protects both parties and preserves industrial harmony.

At its heart, employment law is not only about legality but about dignity. An employee who has served faithfully deserves more than a short message on a phone screen—they deserve a fair process, clear communication, and respect.