Poor Performance Dismissal Questions Answered

Poor performance dismissal, explained for workers

Being told your performance was not good enough, and then losing your job over it, raises a real question: was the process fair?

These are the questions workers ask most often about this situation.

Can I be dismissed simply for underperforming?

Poor performance can be a valid reason, but the employer must still show a fair process was followed.

The employer carries the burden of proving the dismissal was for just cause and excuse.¹

What does a fair process usually look like?

It typically includes clear targets, honest feedback, a reasonable chance to improve, and written warnings before dismissal.

One missed target with no earlier discussion rarely meets that standard.

I was never given targets, does that matter?

Yes. Without clear, communicated expectations, an employer finds it harder to justify a performance dismissal.

It is often one of the strongest points in a worker’s favour.

What if I was on a performance improvement plan?

A plan is not automatically fair just because it exists. Its terms, timeline and fairness can all be questioned.

It matters whether the targets were realistic and properly explained.

Can I be dismissed after one bad review?

One negative review, with no warnings or chance to improve, is often not enough to justify dismissal.

Courts generally look for a pattern and a documented process, not a single incident. Similar standards apply in misconduct dismissal cases.

What if my performance was affected by circumstances beyond my control?

Unclear instructions, too few resources or a change in role can all bear on whether the assessment was fair.

Raise them if you decide to make a claim.

How long do I have to act after being dismissed?

A written representation seeking reinstatement must generally be made within 60 days of the dismissal under Section 20.²

Note the exact dismissal date, and use the deadline calculator so you do not miss it.

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 your performance records and the dismissal date directly to that lawyer. They can review the facts and reply on whether and how they can take it forward.