Tribunals and alternatives to court

Why use a tribunal?

Tribunals are set up by specific laws to handle particular kinds of disputes. Compared with a court case they are usually:

• cheaper – filing fees are low and you generally do not need (or are not allowed) a lawyer;
• faster – several tribunals must decide within 60 days of the first hearing;
• simpler – forms are short and the procedure is informal.

But each tribunal has a monetary cap, a list of matters it cannot hear, and its own time limits. Awards are binding and can be enforced; failing to obey an award is generally an offence.

Main tribunals at a glance

Fees: the Strata Management Tribunal fee for a residential claim has been reported as RM100 (Sarawak's 2024 regulations set RM100 residential / RM200 commercial); the Anti-Sexual Harassment Tribunal fee was reported in 2024 as RM30, and online filing (e-TAGS) began in 2026. Check the current fee with the tribunal before filing.

Tribunal for Consumer Claims (TTPM)

Set up under Part XII of the Consumer Protection Act 1999. You can claim for defective goods, services not delivered, misleading sales, refunds and similar complaints, up to RM50,000. Claims can be lodged at a counter or online, with a RM5 fee. Lawyers cannot represent the parties at the hearing.

The tribunal cannot hear claims involving, among others, personal injury or death, land or interests in land, wills and estates, goodwill, intellectual property and franchises, and certain regulated services. An award is treated as an order of a Magistrates' Court and can be enforced through that court.

Tribunal for Homebuyer Claims (TTPR)

Set up under the Housing Development (Control and Licensing) Act 1966. Section 16M limits claims to RM50,000, and you cannot split a bigger claim into several smaller ones to fit the limit. It covers buyers' claims against licensed developers, such as liquidated ascertained damages (LAD) for late delivery and the cost of repairing defects. It will not hear a matter already being decided in court. There are strict time limits linked to dates such as the issue of the certificate of completion and compliance (CCC) and the end of the defect liability period – check these early.

Strata Management Tribunal

Set up under the Strata Management Act 2013 (with Sarawak's own Strata Management Ordinance 2019). Owners, purchasers, developers, joint management bodies (JMB), management corporations (MC) and managing agents can bring claims listed in the Act's Fourth Schedule – for example, recovery of unpaid maintenance charges, disputes over by-laws, and repair of common property – up to RM250,000. Lawyers are not allowed unless the tribunal finds complex issues of law. Failing to comply with an award is an offence.

Employment disputes: Labour Department and Industrial Court

Labour Department (Jabatan Tenaga Kerja, JTK) – often called the "Labour Court": under section 69 of the Employment Act 1955, the Director General of Labour can inquire into and decide claims about wages and other payments due under the employment contract or the Act (for example unpaid salary, overtime, notice pay, termination benefits). Since the Employment (Amendment) Act 2022, the Act covers all employees in Peninsular Malaysia regardless of salary (with some benefits still limited to lower earners), widening access to this process. Sabah and Sarawak have their own Labour Ordinances.

Industrial Court (Mahkamah Perusahaan): if you believe you were dismissed without just cause or excuse, you must file a representation with the Industrial Relations Department under section 20 of the Industrial Relations Act 1967 within 60 days of the dismissal. The department tries conciliation first. Since 1 January 2021, if conciliation fails the Director General of Industrial Relations refers the case to the Industrial Court (previously the Minister could decide not to). The court can order reinstatement or compensation. An Industrial Court award can be appealed to the High Court within 14 days (section 33C). See Employment rights.

Anti-Sexual Harassment Tribunal

Set up under the Anti-Sexual Harassment Act 2022 (Act 840); it issued its first award in 2024. Anyone who has been sexually harassed can complain, whether at work or elsewhere. The tribunal can order the respondent to apologise, pay compensation up to RM250,000, or attend a programme. Hearings are closed to the public, and it must make its award within 60 days from the first hearing date. A complaint to the tribunal is separate from a police report: if the conduct is a crime, you can still report it to the police.

Mediation

Mediation (pengantaraan) is a confidential meeting where a neutral mediator helps both sides reach their own settlement. It is voluntary and nobody imposes a decision.

• Court-annexed mediation – the judiciary offers free mediation by judges or court officers for cases already filed in court. Under a Chief Justice's Practice Direction (No. 4 of 2016) judges and magistrates may encourage parties to try mediation at the pre-trial stage, and Order 34 of the Rules of Court 2012 allows this at case management.
• Private mediation – governed by the Mediation Act 2012 (Act 749). Providers include the Malaysian Mediation Centre (Malaysian Bar) and the Asian International Arbitration Centre (AIAC). A settlement agreement signed at the end is binding on the parties as a contract.

If the matter is complex, high-value, or you are unsure of your rights, consider seeing a lawyer before you file or agree to anything. See Getting legal help and Consumer rights.

Laws cited on this page

Listed automatically from the federal Acts named on this page. All laws of Malaysia →

Sources

• KPDN – Tribunal for Consumer Claims: background
• KPDN – Tribunal for Consumer Claims FAQ
• Conventus Law – Practical guide to filing a claim at the Homebuyers Tribunal (HDA s 16M)
• EdgeProp – Strata Management Tribunal claims (RM250,000 limit)
• Sarawak TRIMS – Strata Management Tribunal FAQ (2024 fees)
• Skrine – Anti-Sexual Harassment Tribunal issues its first award (2024)
• Herbert Smith Freehills Kramer – Malaysia Anti-Sexual Harassment Act 2022
• Skrine – Employment (Amendment) Act 2022 comes into force
• Donovan & Ho – Key amendments to the Industrial Relations Act now in force
• Industrial Court of Malaysia
• Bologna Law Review – Court-annexed mediation practice in Malaysia

Related

Consumer rightsEmployment law: your rights at workRenting and buying propertySmall claims (RM5,000 and below)Courts and their powersGetting legal help