Mistakes after a poor performance dismissal
A few avoidable mistakes can weaken a poor performance claim before it starts.
What mistakes should you avoid after this dismissal?
The most common is letting the 60-day filing window slip while you wait to see what happens.1 A new job offer or a chat with your former manager does not stop the clock.
The second is signing a settlement or release without a proper read. Some clauses affect your options in ways that are not obvious, and reading takes little time compared with the risk.
Which mistakes weaken a case quietly?
One is accepting the stated reason for dismissal without question. Your employer still has to prove both the performance problem and the fairness of the process.2
Writing your own account, even a short one, keeps that burden where it belongs.
Another is keeping documents only on a work email or work device. Many people notice only after access is cut off, so save copies of appraisals, PIP documents and messages somewhere you control now.
Is it a mistake to treat the rating as the whole story?
Yes, many people assume a low score ends the matter and never look at how the review was run. Check who scored you, against which targets, and whether your manager gave you feedback before the final review.
What should you do instead?
Check your deadline now on the 60-day deadline calculator, whether you feel confident about your case or not. The page on dismissal for poor performance explains what a fair process should have included.
If a conduct allegation is involved too, read mistakes after a misconduct dismissal. When you are ready to file, the Section 20 representation page explains the step.
Send your key dates to an independent employment lawyer, who can review them and act if you have a claim.
If you have already taken steps after a poor performance dismissal and want them checked, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send your warnings and any improvement plan. An independent employment lawyer can review them and act for you 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 waiting to see if I find a new job a mistake?
It can be, since the 60-day window keeps running whatever your job search brings. Checking your deadline early costs nothing and keeps the option to claim.
Should I accept my employer's reason without question?
Not immediately. A stated reason is not automatically the true or complete one, and the employer still has to prove it was fair. Write your own account before you decide what you believe happened.
Is it a mistake to only keep documents on my work email?
Yes, since access can be cut off once your employment ends. Save copies of appraisals, warnings and messages somewhere you control before that happens.
What if I already signed a settlement without reading it fully?
Have a lawyer review what you signed, since the effect of some clauses is not obvious. Do it as soon as possible.
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
- The burden of proving both the poor performance and the fairness of the dismissal process rests on the employer, not the employee, once a case reaches the Industrial Court Mah Weng Kwai & Associates
Keep reading
If you have already taken steps after a poor performance dismissal and want them checked, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send your warnings and any improvement plan. An independent employment lawyer can review them and act for you 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.