Employment & industrial relations chambers — Kuala Lumpur +60 3-2202 4188 WhatsApp
FLS Faiza Loke & SivamAdvocates & Solicitors

Employee desk

Workplace harassment

The law now gives harassed employees more than one road: an internal complaint the employer must take seriously, a tribunal claim for compensation, and — where the employer fails you — the employment claims that failure opens.

The routes, mapped

Since the Anti-Sexual Harassment Act 2022 came into force, a complainant may bring a claim before the Anti-Sexual Harassment Tribunal seeking compensation and other orders, without first proving a workplace nexus. Inside the workplace, section 81H of the Employment Act 1955 obliges every employer to inquire into sexual harassment complaints; inaction is itself a breach. And where the employer's response destroys trust and confidence — ignoring complaints, protecting the harasser, punishing the complainant — constructive dismissal may follow.

Evidence, quietly

Harassment cases are won on contemporaneous records: messages preserved with dates, a diary of incidents, names of witnesses, copies of complaints and the responses they received. We help you assemble this without escalating the environment you still work in, and we advise on when the record is strong enough to act.

Section 81H makes inquiry into a sexual harassment complaint a statutory duty, not a courtesy.
Section 81H makes inquiry into a sexual harassment complaint a statutory duty, not a courtesy.

If you are the one accused

We also act for employees facing harassment allegations in domestic inquiries — where process failures are common on the other side too. Separate lawyers, strict conflict checks, same standards.

Questions we hear at assessments

I complained to HR and nothing happened.

Ask for the outcome in writing — the absence of one is evidence. An employer who fails to inquire under section 81H can face Labour Department action, and the failure strengthens both tribunal and constructive dismissal claims.

The harasser is the boss. Who do I even complain to?

Where the accused controls the process, external routes matter more: the tribunal, the Labour Department, and in serious cases the police. We sequence these so one route does not prejudice another.

Get it assessed properly.

Bring the documents; leave with the deadline, the merits and the next step in writing.

Book a case assessment — RM 480 WhatsApp the firm

Mon–Fri 9am–6pm · Sat morning by appointment · +60 3-2202 4188

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