How a misconduct dismissal should unfold
You were accused of misconduct and want to know what steps should have happened.
What does a fair misconduct dismissal process look like?
A fair process follows a set order: an allegation, a chance to respond, some form of inquiry, then a decision. It starts with a show-cause letter that asks you to explain your side.
Many employers then hold a domestic inquiry, an internal hearing where evidence is presented and you can answer it. The employer must still prove just cause for the dismissal, whatever process it followed.1
Where does the process break down?
Skipping the show-cause letter removes your first real chance to give your side. A dismissal with no inquiry, or one where you could not answer the evidence, is a strong point for a claim.
Suspension during the process is common and not automatically a problem, though how it was handled is worth reviewing. One missing step does not win a case alone, but together they show how fair the process was.
Is the allegation the same question as the process?
No. The allegation may be accurate, inaccurate or partly true, and that is a different question from whether the process was fair.
Even if part of it holds up, a process that skipped steps or denied you a chance to respond is worth challenging.
Keep the two apart in your written account so a reviewer can follow your reasoning.
What should you do if you were dismissed for misconduct?
Write down each step that happened, in order, with dates. Note anything that should have happened but did not, such as a hearing or a chance to respond.
Read about how to reply to a show-cause letter if you are still early in the process. Confirm your filing deadline with the deadline calculator, since the same 60-day window applies.2
If you want to challenge the dismissal, an employment lawyer can review each step your employer took and act for you if the process was flawed.
If you were dismissed for misconduct and want to challenge it, an independent employment lawyer can review each step your employer took. They can act for you if the process was flawed.
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 is the usual first step in a misconduct process?
A show-cause letter, which asks you to explain your side before any decision is made. If you were dismissed without that step, record it clearly in your account.
Is a hearing always required before dismissal for misconduct?
Some form of hearing or inquiry is expected in a fair process, though the format varies between employers. A dismissal with no chance to respond at all is a strong point to raise.
Can I be suspended while the process runs?
Suspension during an inquiry is common and not automatically unfair. What matters is whether it was reasonable and whether your pay during it followed your contract.
Does the seriousness of the allegation change the process?
It can change how fast things move and how serious the consequences are, but not the expectation of a fair process. Even serious allegations should be tested before a final decision.
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 you were dismissed for misconduct and want to challenge it, an independent employment lawyer can review each step your employer took. They can act for you if the process was flawed.
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.