How to prepare after a misconduct dismissal
You were dismissed over alleged misconduct and want to know what to gather first.
What should you start with?
Start with your show-cause letter, since it states the exact allegation the employer relied on. Keep it with any notes, minutes or recording from a domestic inquiry, and the final dismissal letter.
Your employer has to prove both the misconduct and that its process was fair.2 So anything showing how the inquiry ran matters as much as the allegation.
Note who sat on the panel and whether you were allowed to respond.
How do you document the process, not just your side?
Write your own account of the inquiry: how much notice you had, whether you could bring a representative, and whether the questions felt like a hearing or a formality. These details fade quickly.
If you were suspended pending the inquiry, note the dates and whether you were paid. That timeline often matters as much as the outcome.
If no inquiry was held before you were dismissed, write that down, including who told you and when. Skipping the inquiry is itself a fact worth keeping.
How do you turn your documents into next steps?
Check your dates against the 60-day deadline calculator to see how much time remains.1 The page on dismissal for misconduct shows what a fair show-cause and inquiry process includes, so you can see what yours may lack.
If you plan to file, the Section 20 representation page walks through the step. If your case also involves a short work history, read preparing for a probation dismissal claim.
Send your key dates to an independent employment lawyer, who can review them and act if you have grounds.
If you are preparing a claim over your misconduct dismissal, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send the show-cause letter and any inquiry papers. An independent employment lawyer can review them and tell you whether 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
What documents should I gather first?
Start with the show-cause letter, any notes from a domestic inquiry, and the dismissal letter. Add your employment contract, appraisal history, and any messages about the allegation or your work record.
Why does the fairness of the inquiry matter so much?
Because the employer must prove both the misconduct and that the process used to decide it was fair. Notes on how the inquiry ran, not just what you are accused of, are often the most useful evidence.
What if no inquiry was held at all?
That absence is worth documenting clearly. Write down who told you, what was said, and whether you were ever asked for your side before the decision.
How soon should I start preparing?
As soon as possible, since your filing window is fixed and does not pause while you gather documents. Details are also more accurate in your memory now.
Sources
- An employee who believes a dismissal had no just cause or excuse can file a written representation to the Director General of Industrial Relations within 60 days of the dismissal Mah Weng Kwai & Associates
- In an unfair dismissal case the burden falls on the employer to prove the dismissal was for just cause or excuse Mah Weng Kwai & Associates
Keep reading
If you are preparing a claim over your misconduct dismissal, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send the show-cause letter and any inquiry papers. An independent employment lawyer can review them and tell you whether 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.