What to do after a poor performance dismissal
You were dismissed for poor performance and want to know what to do first.
What should you do first after a poor performance dismissal?
Confirm your exact dismissal date and check it against the 60-day filing window. The clock starts straight away.2
Everything else can follow once you know how much time you have.
Then hold off signing anything your employer offers until you have read it properly. A release or settlement can close off options you may want to keep.
How do you check the process, not just the outcome?
A low rating or a failed review does not prove your dismissal was fair. Your employer has to show the standard was clear and that you had a real chance to meet it.1
Write down which warnings you received, when, and whether any performance plan came with real support. A dismissal with no earlier warning at all is usually the easiest kind to question.
Which papers should you save today?
Save your last appraisal, any PIP, every warning and any email about your targets. Copy them from your work email to a personal account you control, while you can still get in.
Add a short note of what your manager said on the day you were dismissed.
What should you do this week?
Confirm your deadline on the 60-day deadline calculator. Read the page on dismissal for poor performance to see what a fair process includes, and save every appraisal, warning letter and message about your work.
If your case also involves a misconduct allegation, read what to do about a misconduct dismissal. When you are ready to file, the Section 20 representation page explains the step.
If you want a lawyer to act, send your paperwork to an independent employment lawyer. They can review it and reply about whether they can take it forward.
If you are thinking of acting on 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 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
What is the very first thing I should do?
Work out your exact dismissal date and check it against the 60-day filing window. Gathering documents and deciding whether to claim can wait a day or two, but the deadline does not move.
Should I sign anything my employer gives me right away?
Not without reading it carefully first. A settlement or release document can affect your options later, so have a lawyer check it before you sign anything final.
Do I need to accept the reason given for my dismissal?
No. You can disagree with the reason and still check whether the process was fair. Writing down your own version of events is a reasonable first step either way.
What if I am not sure my case is strong?
That doubt is normal and is no reason to ignore the deadline. A short conversation with a lawyer can show where you stand before you decide.
Sources
- 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
- 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
Keep reading
If you are thinking of acting on 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 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.