Is a poor performance claim worth it?
You were dismissed for poor performance and wonder whether a claim makes sense.
Is a poor performance claim worth pursuing?
It is worth pursuing when you can show the process around your dismissal was weak, not simply that you disagree with the rating. The 60-day window applies as for any dismissal.1
A low review score does not prove the dismissal was fair. Vague warnings, shifting targets, or a Performance Improvement Plan (PIP) with no real support are the gaps that can shift the balance.
What changes whether it is worth it?
The strength of your documents matters more than the rating. A dismissal with no earlier warning, or one that contradicts a recent good review, is easier to question than a well documented, consistent process.
The possible remedy plays a part too. Back wages are capped, and the ceiling depends on whether you were confirmed or on probation.2
Know that before you invest time, though money is not the only reason people claim.
Some people want the record corrected more than a payout, especially where a poor rating could affect a future reference.
What should you do this week?
Check your deadline on the 60-day deadline calculator, since that date does not move once it passes. Read the guide on dismissal for poor performance for the fuller picture.
If you decide to file, the Section 20 representation page explains the step. To compare with a conduct case, read whether a misconduct dismissal claim is worth it.
If you want a lawyer to act, an independent employment lawyer can review your case and handle the claim if it is worth pursuing.
If you are deciding whether a claim over a poor performance dismissal is worth it, 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 it and act for you if it is worth pursuing.
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 a claim worth it if my rating was genuinely low?
It can still be worth checking, since the question is whether the process around that rating was fair, not just the number. A short review of your warnings and PIP documents can clarify this.
Does the possible payout matter when deciding?
It is one factor. Back wages are capped, so the money has a ceiling, though reinstatement or a corrected record can also matter beyond money.
What makes a poor performance claim strong?
A claim is stronger when warnings were vague, targets kept shifting, or support promised in a PIP never arrived. Written records of these gaps carry more weight than memory alone.
Should I decide alone or speak to a lawyer first?
A short conversation with a lawyer can show whether your facts support a claim before you commit time. That is far cheaper than filing without knowing where you stand.
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
- Back wages awarded by the Industrial Court are capped at 24 months for a confirmed employee and 12 months for a probationer DNH
Keep reading
If you are deciding whether a claim over a poor performance dismissal is worth it, 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 it and act for you if it is worth pursuing.
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.