What should you keep after dismissal?
You are not sure what to save, and some papers matter more than others.
Deciding what to keep can feel overwhelming right after a dismissal. Start with anything in writing, and change nothing.
What counts as evidence in a dismissal claim?
Evidence is anything that shows what actually happened at work: your contract, your dismissal letter, payslips, appraisals, and messages about your exit. Even informal chats on WhatsApp or email can matter.
Your employer carries the burden of proving it had just cause to dismiss you, once a claim reaches the Industrial Court.1 Your evidence still matters, because it shapes what a lawyer can challenge and what conciliation can settle.
What should you save right now?
Start with anything in writing: your offer letter, contract, the dismissal or show-cause letter, and recent payslips. Keep appraisals or performance reviews too, especially any that contradict the reason you were given.
Screenshot messages about your exit before access to work accounts is cut off. Save them somewhere outside work systems, such as your personal email or phone.
Why does a chronology matter more than a long story?
A clear timeline, what happened and when, is worth more to a lawyer than a detailed account told out of order. Write down each event with its date, as close to the time as you can remember it.
Gaps in a chronology are normal and can be filled in later. What matters is starting one now, while details are still fresh.
Should you alter or delete anything?
No. Do not delete messages, edit documents, or clean up your own record of events, even ones that seem unhelpful to you.
An altered document can undermine your claim, so keep everything exactly as it was, including drafts and things you never sent.
How does evidence connect to the 60-day deadline?
You have 60 days from your dismissal to lodge a written representation with the Director General of Industrial Relations.2 Prepare early, because a lawyer cannot speak for you at conciliation, the meeting that follows.3
Read what unfair dismissal covers if you are still working out whether your situation qualifies, and work out your exact deadline from your dismissal date.
What should you do this week?
Gather everything in one place: your letter, contract, payslips, appraisals and messages. Write your chronology alongside it, even a rough version.
If you want a lawyer to build the case from it, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send what you have before the 60 days run out. An independent lawyer can then review whether it is a case they can act on.
If you have a rough timeline and some documents and are considering a claim, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send them directly to that lawyer. They can review them and act for you if it is a case they can take on.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.
Common questions
Do I need original documents, or are copies enough?
For a later review requested by an identified lawyer, copies can include photos or screenshots of the originals. Keep them private until that lawyer contacts you and asks for them. Preserve the file or screenshot exactly as it first appeared.
What if I never got anything in writing?
Messages, emails and even a diary entry written soon after the event still count as evidence. Write down what was said, by whom, and when, as soon as you can while the details are clear.
Should I ask my employer for a copy of my personnel file?
You can ask, though your employer may not provide everything you request. It is worth trying in writing, but do not wait for a reply before gathering what you already have access to.
Is a WhatsApp message really useful as evidence?
Yes, dates and wording in a message can matter as much as a formal letter. Save the full conversation, not just a single screenshot, since the context around a message matters too.
How far back should my chronology go?
Start from whatever first felt like the beginning of the problem, even weeks or months before the dismissal itself. A lawyer can help you decide later which parts matter most to your claim.
Sources
- The burden of proving just cause or excuse for a dismissal rests on the employer, not the employee, once a claim reaches the Industrial Court. Mah Weng Kwai & Associates, Unfair Dismissal
- An employee who considers they were dismissed without just cause or excuse may make a written representation to the Director General of Industrial Relations within 60 days of the dismissal (Section 20, Industrial Relations Act 1967). Mah Weng Kwai & Associates, Unfair Dismissal
- After a Section 20 representation is lodged, the Industrial Relations Department arranges conciliation, usually one or two sessions where an officer mediates; solicitors are not permitted to represent parties at this stage. Mah Weng Kwai & Associates, Unfair Dismissal
Keep reading
If you have a rough timeline and some documents and are considering a claim, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send them directly to that lawyer. They can review them and act for you if it is a case they can take on.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.