Mistakes To Avoid At The Industrial Court
A few avoidable errors can weaken a good case once it reaches court.
Most mistakes at court come from assumptions and gaps in evidence. Each one can be avoided.
What is the biggest mistake?
Assuming the case is won because the burden of proof sits with your employer.1 The burden matters, but no outcome is promised.
The court decides on the evidence actually put before it. A weak record can lose a fair case.
Why is memory not enough?
Your contract, warning letters and appraisals carry more weight than recollection. Memory fades as time passes between the events and the hearing.
Sort your papers by date now, while you can still find them.
What else costs you later?
Missing a hearing date, or ignoring court letters, can seriously damage your case. Being organised and reachable matters as much as the evidence.
Expecting a set compensation figure is another mistake. Back wages are capped, but the amount, if any, depends on your facts.2
Why should you not skip the early dates?
Some people treat early hearing dates as unimportant and only prepare near the final one. Early sessions can shape how the rest of the case goes.
Take every scheduled date seriously, even the ones that feel like paperwork.
What should you do instead?
Read about the Industrial Court to see what a hearing involves. If you have not yet filed, read mistakes to avoid when filing a claim.
To prepare for a lawyer, read mistakes people make before calling a lawyer.
If you want a lawyer to act for you, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send your dismissal date and the referral letter. An independent employment lawyer can review the facts and reply about whether and how they can act.
If you have already taken steps on your Industrial Court case and want them checked, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send the referral letter and your dismissal date. An independent employment lawyer can take it forward 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
Is assuming I will win a mistake?
Yes. The burden of proof sits with your employer, but no outcome is promised. The court decides on the evidence presented.
Is relying on memory a mistake?
Yes. Your contract, warnings and appraisals carry more weight than recollection, especially as time passes.
Is missing a hearing date serious?
Yes. A missed date can seriously affect your case. Stay reachable and answer court letters.
Is expecting a set compensation figure a mistake?
Yes. Back wages are capped, but no honest source can name a figure before your case is decided.
Sources
- The burden of proving just cause or excuse for a dismissal rests on the employer, not the employee, once a case reaches the Industrial Court Mah Weng Kwai & Associates
- Back wages awarded by the Industrial Court are capped at 24 months of last-drawn salary for a confirmed employee, and 12 months for a probationer Donovan & Ho
Keep reading
If you have already taken steps on your Industrial Court case and want them checked, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send the referral letter and your dismissal date. An independent employment lawyer can take it forward 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.