While acknowledging the importance of transparent reporting, the Malaysian Industrial Commercial Service Employers Association (MICSEA) expressed concern that the statement may have given the public a misleading impression that workplace bullying and harassment were not occurring in Malaysia.
Industrial Court Data Presented a Different Reality
Available records of reported Industrial Court decisions showed that between 2023 and 2025, a total of 325 cases involving workplace bullying and sexual harassment were decided by the Industrial Court of Malaysia, based on publicly reported judgments in recognised legal databases.
The breakdown showed:
- Workplace bullying: 210 cases (64.6%)
- Sexual harassment: 115 cases (35.4%)
These cases demonstrated that allegations of bullying and harassment were regularly reported and litigated. Where misconduct was proven, dismissals were generally upheld, while compensation was awarded in cases where evidence was insufficient or due process was lacking. The data indicated that workplace misconduct existed and was being addressed through the Industrial Relations and Industrial Court system.
Limitations of Labour Department Statistics
MICSEA noted that the Minister’s statement appeared to rely solely on data from the Labour Department. However, most serious bullying and harassment cases were not pursued through that channel.
Affected employees commonly filed complaints with the Industrial Relations Department, which were later adjudicated by the Industrial Court, frequently under the legal framework of constructive dismissal. As a result, focusing only on Labour Department figures presented an incomplete picture of the true scale of workplace misconduct.
Under-Reporting Remained a Serious Concern
MICSEA concurred with HR practitioners who observed that many employees were unsure of their legal rights, feared retaliation or career consequences, lacked confidence in internal complaint mechanisms, felt embarrassed or unsupported, or were uncertain about where to report.
Accordingly, “zero complaints” in one reporting channel likely reflected under-reporting rather than the absence of bullying or harassment.
Constructive Dismissal and Legal Implications
Under Section 14(3) of the Employment Act 1955, an employee may terminate employment without notice if he or his dependent is subjected to any danger through violence or disease that he did not undertake to be exposed to under his contract of service. In practice, persistent bullying, harassment, or a hostile work environment that was ignored by management could constitute such a breach.
To succeed in a constructive dismissal claim, an employee must establish a fundamental breach of contract, that the breach showed the employer no longer intended to be bound by the contract, that resignation was directly caused by the breach, and that resignation occurred promptly. Many bullying and harassment cases reached the Industrial Court through this legal pathway.
Lessons from Reported Case Law
Industrial Court decisions between 2023 and 2025 demonstrated that employers who investigated properly and acted fairly were generally supported by the Court. Employers who failed to prove misconduct or observe procedural fairness faced financial liability. Admissions, witness testimony, and documentary evidence were critical in harassment cases, reinforcing the importance of proper governance and documentation.
Practical Guidance for Employers
To prevent disputes, avoid unfair dismissal claims, and maintain industrial harmony, MICSEA advised employers to adopt best practices, including establishing clear anti-bullying and anti-harassment policies, strengthening confidential reporting mechanisms, conducting fair and timely investigations, investing in training and awareness, and monitoring workplace culture through regular engagement and early intervention.
Preventive action was highlighted as being far more effective than managing disputes after they escalated into litigation.
MICSEA Urges Employers to Strengthen Workplace Governance and Prevention
“Industrial Court records clearly show that workplace bullying and harassment cases are being actively litigated in Malaysia. The absence of complaints in one department does not reflect the real situation on the ground,” said MICSEA President, YK Lai
“Employers must not be complacent. Creating safe, respectful, and transparent workplaces is essential for productivity, reputation, and long-term sustainability. Prevention is always better than cure,” Lai said.
The available evidence confirmed that workplace bullying and harassment remained significant issues in Malaysian workplaces, and official statistics needed to be interpreted carefully to avoid understating the problem.
Employers were encouraged to strengthen internal governance, promote reporting confidence, and address misconduct promptly and fairly to protect employees, preserve industrial harmony, and reduce exposure to costly legal disputes. MICSEA reaffirmed its commitment to supporting employers in building compliant, ethical, and sustainable workplaces.
