What to do after a misconduct dismissal
You were dismissed over alleged misconduct and want to know what to do first.
What should you do first after a misconduct dismissal?
Write down exactly what you were accused of and what was said when you were dismissed. Do it before anything else, since details fade fast once the shock wears off.
Do not sign a settlement, resignation letter or admission handed to you on the spot. Ask for time to read it, because what you sign can affect your rights later.
How do you check whether the process was fair?
A fair misconduct dismissal usually includes a chance to respond, often through a domestic inquiry, before the final decision. If you were dismissed with no hearing and no real chance to explain, that gap matters.
The burden is on your employer to prove the dismissal was justified. You do not have to prove you did nothing wrong.2
Keep every message, warning letter and show-cause letter you received. They show what the employer actually relied on.
Which two things should you do at the same time?
Check your dismissal date on the 60-day deadline calculator. The window is fixed and does not pause while you think things over.1
Then read how a case like yours unfolds on the page on dismissal for misconduct. If there was a hearing, the domestic inquiry page explains what fairness at that stage looks like.
If your employer is mixing conduct and performance issues, read what to do about a poor performance dismissal.
What is the next step if you want a lawyer?
Only after an identified independent lawyer has contacted you and specifically requested the material, send your dates and papers directly to that lawyer. They can review the facts and reply about whether they can act on your case.
If you are thinking of acting on a 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 tell you whether it is worth pursuing, and act for you if it is.
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
Should I sign anything my employer gives me right away?
No. Read everything carefully first, and ask for time if you need it. A settlement or admission letter can affect your rights later.
Was I supposed to get a domestic inquiry?
A fair process for misconduct usually includes a chance to respond before dismissal, often through a domestic inquiry. If you were dismissed with no hearing at all, raise it with a lawyer.
What should I write down now?
Note the date you were told, what you were accused of, and what was said. Do it while the details are fresh, since they are harder to recall accurately after a few weeks.
How fast do I need to act?
Faster than feels comfortable, since your window to file a representation is fixed and does not extend for personal circumstances. Start gathering documents and checking your deadline in the first few days.
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 thinking of acting on a 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 tell you whether it is worth pursuing, and act for you if it is.
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.