How to prepare for a claim
You want a clear list of what to gather before you speak to anyone.
What documents should you collect first?
Start with three papers:
- your employment contract
- your dismissal letter or show-cause letter
- your most recent pay slips
These show the basic facts of your job and how it ended.
Add any performance reviews, warning letters or appraisal notes. They show the pattern your employer actually followed, not only what the final letter says.
Keep digital and paper copies somewhere apart from your work email or company systems.
What about your own account of events?
Write a short timeline in order, with an approximate date for each event. Do it now, because small details fade within weeks.
Note who witnessed key moments and one line on what they saw. You do not need a formal statement yet, only enough to find them again.
Why prepare early, before you decide?
Your employer must prove just cause or excuse for the dismissal, but that does not make your own preparation optional.1 Good records let a lawyer judge your case quickly and accurately.
Evidence is also easier to gather now. In a few months memories fade and messages get deleted.
What should you do this week?
Set aside an hour to put everything in one folder, physical or digital. Then confirm your 60-day deadline with the deadline calculator.2
Read your rights after an unfair dismissal alongside this guide.
If you want a lawyer to act on an unfair dismissal claim, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send the folder for review. It is the fastest route to a view on your Section 20 representation.
If you have gathered your documents and want to bring a claim, an independent employment lawyer can review the folder and act for you if it shows 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
What documents matter most when preparing a claim?
Your employment contract, your dismissal or show-cause letter, recent pay slips and any performance reviews are the core set. Add messages or emails about the events, even minor ones.
Should I write down my own account of what happened?
Yes. A written timeline with approximate dates helps a lawyer follow your situation quickly. Write it while your memory is fresh, because small details fade.
Do I need witnesses to have a strong case?
Witnesses can help, but not every case needs them. If colleagues saw relevant events, note their names now so you can reach them later.
Should I prepare even if I have not decided to file yet?
Yes. Evidence is easier to gather now than months later. Preparing keeps your options open whether or not you file.
Sources
- In an unfair dismissal case, the burden of proof rests on the employer to show just cause or excuse for the dismissal. Mah Weng Kwai & Associates
- An employee who believes they were dismissed without just cause or excuse may file a Section 20 representation with the Director General of Industrial Relations within 60 days of the dismissal. Mah Weng Kwai & Associates
Keep reading
If you have gathered your documents and want to bring a claim, an independent employment lawyer can review the folder and act for you if it shows 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.