Who must prove the dismissal was fair?
You do not have to prove your innocence before the court will listen.
Once it is understood, burden of proof is one of the more reassuring ideas in this process. It moves the weight away from you.
What it means
It describes which side has to prove its case. In an unfair dismissal claim, that job falls to your employer, not to you as the dismissed worker.
Your employer must show the dismissal was for just cause or excuse. That means a real, provable reason and a fair process behind it.1
Why it matters to you
Many workers hesitate to file because they think they must build an airtight case first. That is not how it works.
A vague, shifting or unproven explanation from your employer works against its own case once the Industrial Court examines it.
What does this mean for your case
Keep your own account and any documents you have. A clear record supports your side if the facts are disputed.
Read about just cause and excuse for the standard your employer must meet. Read evidence and documentation for what is worth keeping.
Whatever evidence exists on either side, check your 60-day filing window on the deadline calculator before it closes.
If you are weighing a claim, an independent lawyer can review what happened and what your employer would need to prove. They can handle the claim if it is worth pursuing.
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 have to prove my employer was wrong to dismiss me?
Not in the sense of building a full defence yourself. Once you file a claim, your employer carries the burden of showing the dismissal was for just cause or excuse.
Does this mean I do not need any evidence at all?
You still gain from a clear account and any supporting evidence. It helps the process move smoothly and supports your version if the two sides disagree on the facts.
Sources
- The burden of proof in an unfair dismissal case rests on the employer, who must show the dismissal was for just cause or excuse. Mah Weng Kwai & Associates, Unfair Dismissal
Keep reading
If you are weighing a claim, an independent lawyer can review what happened and what your employer would need to prove. They can handle the claim if it is worth pursuing.
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.