I won at the Industrial Court, but my employer is appealing. What happens next?

After months of hearings, the Industrial Court has found that you were dismissed without just cause and awarded you backwages and compensation. Then you receive notice that your former employer is appealing to the High Court. What does that mean for your award?

The right of appeal

If any person is dissatisfied with an Industrial Court award made under section 30, that person may appeal to the High Court within 14 days from the date of receipt of the award (Industrial Relations Act 1967, s.33C(1)). The employee can also appeal, for example if the amount awarded seems too low.

How the appeal is heard

The appeal follows the procedure in the Rules of Court 2012 for an appeal from a Sessions Court, with modifications as needed (s.33C(2)). The High Court has the same powers as if the appeal were from the Sessions Court (s.33C(3)).

In practice this means:

• the appeal is decided mainly on the record: the notes of evidence, documents and the award;
• the High Court will not lightly disturb findings of fact made by the Industrial Court, which saw and heard the witnesses;
• the High Court can affirm, vary or set aside the award, or send it back.

A further appeal from the High Court to the Court of Appeal may be possible.

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Does the appeal stop the award?

Filing an appeal does not cancel the award. An employer who wants to delay payment while the appeal is pending must ask the court for a stay, and the court decides on the facts. Where the award orders reinstatement or re-employment, the current AGC reprint of the Act states that such an award shall not be subject to any stay of proceedings by any court.

Interest keeps running

An award for the payment of money carries interest at 8% a year, or a lower rate if the Court directs, from the 31st day after the award until it is paid (s.30(1A)). Delay can therefore increase the amount the employer must eventually pay.

Reinstatement or compensation

The Industrial Court may order reinstatement, or compensation in lieu of reinstatement, together with backwages (capped at 24 months, or 12 months for a probationer, under the Second Schedule). On appeal, the employer may argue that reinstatement is impractical, and the employee may argue for it. The High Court will consider whether the Industrial Court's choice was properly made.

What should I do first?

1. Check the date you received the award, and whether you want to cross-appeal within 14 days.
2. Keep the award and notes of evidence safe.
3. Calculate the interest that is running on any money award.
4. Respond to any stay application the employer files.
5. Prepare for the appeal hearing with your lawyer.

Example

An employer appeals a backwages award and applies for a stay. The High Court grants a stay on condition that the award sum is paid into a joint account pending the appeal. The appeal is dismissed. The employee receives the award plus interest.

Common mistakes

• Assuming the appeal cancels the award.
• Missing the 14-day window for your own appeal.
• Not opposing an unconditional stay application.
• Ignoring the interest accruing under s.30(1A).

When to speak to a lawyer

Speak to a lawyer as soon as you are served with the appeal or a stay application, or if you wish to appeal yourself. See our employment page; you can also contact us.

Frequently asked questions

How long will the appeal take?

It depends on the High Court's list and whether there are interim applications. Your lawyer can check the case schedule.

Can I enforce the award while the appeal is pending?

Unless a stay is granted, an award can be enforced. Take advice on the right method.

Can new evidence be raised on appeal?

Generally no. The appeal is decided on the record, and new evidence is admitted only in limited circumstances.

Sources & fact check

Legal points in this article were checked against the primary sources below. The law can change; this is general information, not legal advice.

1. Industrial Relations Act 1967 (Act 177), including section 20, AGC Laws of Malaysia
2. Rules of Court 2012 (P.U.(A) 205/2012), text published by the Malaysian Bar, including Orders 12, 13, 18, 19 and 93
3. Industrial Court of Malaysia (Mahkamah Perusahaan), official portal

Fact-checked on 18 Oct 2026