Evidence Questions Answered Plainly
You were dismissed and want to know what to keep before it disappears.
Evidence, explained for workers
Good evidence turns a vague sense that something went wrong into a case someone can assess.
These are the questions workers ask most about gathering it.
Do I really need evidence if the burden is on my employer?
Yes. The employer must show just cause and excuse,1 but your own records still make your account clearer and harder to dispute.
What documents should I keep after a dismissal?
Your employment contract, offer letter, termination letter or message, and any warning letters or performance reviews.
These form the backbone of most claims, whatever reason was given.
What if the dismissal happened mostly through conversation?
Write down what was said as soon as you can, with dates, names and the exact words where you remember them.
A note made at the time carries real weight even without a recording. A chronology builder can help you organise it.
Are WhatsApp or email messages useful evidence?
Yes. Messages that show instructions, warnings or the reasons given for a dismissal can be very useful.
Screenshot them and save them outside work systems as soon as possible.
What if I have already lost access to my work email or systems?
Use what you still have: personal messages, printed documents, or anything you forwarded to a personal account earlier.
Colleagues who saw events can also be a source of evidence.
Should I ask colleagues to be witnesses?
It can help, but think about their own position at the company before you ask.
Even an informal witness account can support your version of events.
How should I organise everything I collect?
Build a simple timeline: the date, what happened, and which document or message supports each point.
Anyone helping you can then understand the case quickly, whether it involves misconduct or any other type of dismissal.
If you want a lawyer to act, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send that timeline and your documents directly to that lawyer. They can review the facts and reply on whether and how they can take it forward.
If you are gathering evidence for a dismissal claim, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send what you have and the dismissal date. An independent employment lawyer can review the facts and reply on whether and how they can act.
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 really need evidence if the burden is on my employer?
Yes. The employer must show just cause and excuse, but your own records still make your account clearer and harder to dispute.
What documents should I keep after a dismissal?
Your employment contract, offer letter, termination letter or message, and any warning letters or performance reviews. These form the backbone of most claims, whatever reason was given.
What if the dismissal happened mostly through conversation?
Write down what was said as soon as you can, with dates, names and the exact words where you remember them. A note made at the time carries real weight even without a recording.
Are WhatsApp or email messages useful evidence?
Yes. Messages that show instructions, warnings or the reasons given for a dismissal can be very useful. Screenshot them and save them outside work systems as soon as possible.
What if I have already lost access to my work email or systems?
Use what you still have: personal messages, printed documents, or anything you forwarded to a personal account earlier. Colleagues who saw events can also be a source of evidence.
Should I ask colleagues to be witnesses?
It can help, but think about their own position at the company before you ask. Even an informal witness account can support your version of events.
How should I organise everything I collect?
Build a simple timeline: the date, what happened, and which document or message supports each point. Anyone helping you can then understand the case quickly.
Sources
- The burden of proof lies on the employer to show that a dismissal was for just cause and excuse. Mah Weng Kwai & Associates
Keep reading
If you are gathering evidence for a dismissal claim, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send what you have and the dismissal date. An independent employment lawyer can review the facts and reply on whether and how they can act.
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.