How to prepare after a poor performance dismissal
You were dismissed for poor performance and want to know what to gather first.
What should you start with?
Gather the PIP document, each appraisal, and every warning letter or email that mentions your performance. Include anything showing the targets you were given and how long you had to meet them.
Your employer has to prove the dismissal was fair,2 so gaps in that file work in your favour. A missed check-in, a target that changed midway, or a review that never happened are all worth writing down.
How do you note how colleagues were treated?
Write down the names of colleagues doing similar work with similar results, and how their situation was handled. If someone missed the same targets and was not put on a PIP, or got longer to improve, that detail matters.
Also record whether the support promised in your PIP, such as training or coaching, actually happened. A PIP that existed mostly on paper is different from one with real, documented help.
If any warning was only given verbally, write your own account soon, noting what was said and by whom. Memory of a long PIP period fades faster than most people expect.
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 poor performance explains what a genuine PIP process includes.
If you plan to file, the Section 20 representation page walks through the step. If a conduct allegation is involved too, read preparing for a misconduct 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 a poor performance dismissal, 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 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 your employment contract, every appraisal, and any PIP documents, warning letters or emails about your performance. The dismissal letter completes the core set.
What should my PIP file actually contain?
Keep the PIP document, every check-in email or note, and anything showing what support or training was offered. Gaps in that file, such as missed check-ins, are often as telling as what it contains.
Does it help to note how colleagues were treated?
Yes. If you can name a colleague in a similar role with similar results who was treated differently, write down what you remember, including roughly when. A lawyer can judge how useful the comparison is.
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
- 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 are preparing a claim over a poor performance dismissal, 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 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.