Myths about poor performance dismissal

Which myths get in the way of a fair read?

The most common myth is that a low rating settles the matter. The Industrial Court looks at the whole process, including whether standards were clear and warnings were genuine, not just the final number.¹

Another is that you must first prove your own good performance. The burden sits with the employer, who has to show the reason was real and the process fair.²

What are the myths about PIPs and perfect records?

Some people assume that being placed on a Performance Improvement Plan (PIP) makes a later dismissal fair. A PIP whose targets keep shifting, or that offers little real support, tells a different story.

Another myth is that only a flawless work history supports a claim. Most real cases include some genuine performance concerns next to a process that still fell short of fair.

Can your employer dismiss you on the spot for low results?

No, poor results alone do not let an employer skip the steps. It is expected to set a clear standard, warn you, and give you time to improve before it dismisses you.

Keep any message that shows you were never told the standard.

How do you get past the myths?

Start with the facts of your own case, beginning with your dates on the 60-day deadline calculator. The page on dismissal for poor performance explains what a fair process looks like, so you can compare it with what happened.

If a conduct allegation is involved too, read myths about misconduct dismissal claims. When you are ready to file, the Section 20 representation page explains the step.

If you want a lawyer to act, an independent employment lawyer can look at your papers and take it forward if it holds up.