Your evidence checklist after dismissal
You want to know which documents to gather and how to organise them.
What evidence should you gather after a dismissal?
Sort what you gather into a few clear categories, not one long pile. Contract documents come first: your contract, offer letter and any agreed changes.
Communication records come next: the termination letter, any show-cause letter, and messages or emails about the dismissal. The employer must still prove just cause, so this evidence exists to challenge their account.1
What else belongs in your file?
Add your performance history: appraisals, warning letters and any feedback before the dismissal. Then write a short account of what happened in your own words, dated as you write it, to tie the papers together.
Keep everything organised by category and date, because a tidy small file beats a large scattered one. Save digital copies where you can, since they are easier to share with a lawyer.
How do you keep the file useful?
Store everything in one place, whether a folder or a single digital one, so nothing is scattered across devices. Revisit it every so often, because new documents or memories can surface after the first few days.
Add a short note to your chronology whenever something relevant comes to mind.
What should you do next?
Work through each category and note what you have and what is missing. Confirm your filing deadline with the deadline calculator, since gathering evidence must not delay meeting the 60-day window.2
Read about what to save before you lose access to work systems if you have just lost access. If you want a lawyer to act, an employment lawyer can review your file, tell you what strengthens the case and act on it if you have grounds.
If your evidence is in order and you are considering a claim, an independent employment lawyer can review it and act on the claim if you have grounds.
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 every item on the checklist to have a case?
No. A complete file helps but is not needed to start. The employer must prove just cause, so your evidence exists to challenge their account, not to build a case from nothing.
How should I organise these documents?
Group them by category, such as contract documents, messages and performance history, and date everything. That lets a reviewer follow what happened and when.
Should I keep physical or digital copies?
Digital copies are more practical because they are easy to share and back up. If you only have paper, photograph or scan it early.
What if I am missing some of these documents?
Missing documents are common and not fatal, since some can be requested later or rebuilt from other records. Save what you can reach now instead of waiting for what you cannot.
Sources
- The burden falls on the employer, not the employee, to prove the dismissal was for just cause or excuse. Mah Weng Kwai & Associates
- A worker has 60 days from the dismissal date to lodge a written representation with the Director General of Industrial Relations. Mah Weng Kwai & Associates
Keep reading
If your evidence is in order and you are considering a claim, an independent employment lawyer can review it and act on the claim if you have grounds.
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.