Dismissed over alleged misconduct?
You were accused of misconduct and let go before you felt you could answer.
You received a show-cause letter, or were told you were being dismissed for misconduct. Whether that dismissal was fair depends on the reason given and the process that led to it.
What counts as dismissal for misconduct?
Misconduct dismissal covers things like theft, dishonesty, insubordination, harassment, or a serious breach of company rules. The alleged act has to be real and provable, not just a manager’s impression.
Your employer must show both a genuine reason and a fair process behind the decision. Neither one alone is enough.
Am I entitled to a domestic inquiry?
A domestic inquiry, an internal hearing before your employer decides, is standard practice for serious allegations, though not an absolute legal requirement in every case.
Where one is held, you should be told what you are accused of and given a real chance to answer.
What if I was dismissed without one?
Dismissal with no inquiry, no chance to explain yourself, and no clear finding is one of the easier situations to question. The absence of a process does not prove the reason was false, but it removes a layer of protection your employer should have offered.
Write down what happened instead: who told you, what was said, and whether you were ever asked for your side.
What makes a misconduct dismissal unfair?
Your employer carries the burden of proving both the misconduct and the fairness of the process, once a case reaches the Industrial Court.1 A reason that does not match your record, or that appeared only after the dismissal, is a weak point for the employer.
Inconsistent treatment matters too. If a colleague did something similar and kept their job, that comparison is worth raising.
What if the allegation is exaggerated or untrue?
Denying the allegation does not end the matter on its own, but a clear, dated account of your version of events carries real weight. Keep anything that supports your side: messages, witnesses, records that contradict the claim against you.
This is also where responding to a show-cause letter properly matters, since silence can be read the wrong way.
What is the deadline to act?
If you were dismissed, whether summarily or after an inquiry, you have 60 days from that date to make a written representation to the Director General of Industrial Relations.2 If conciliation does not resolve it, the case goes directly to the Industrial Court.3
You can work out your exact deadline here from your dismissal date.
What to do this week
Save the show-cause letter, any inquiry notes, and the dismissal letter itself. Write your own timeline of what happened, in order, with dates.
If you want to challenge the dismissal, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send those papers directly to that lawyer. They can review whether the process holds up and act for you if it does not.
If you are thinking of challenging a misconduct dismissal, an independent employment lawyer can review the allegation and the process your employer followed. They can act for you if it does not hold up.
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
Do I have a right to a domestic inquiry before being dismissed?
There is no absolute legal requirement for one, but holding an inquiry is standard practice and a strong sign of a fair process. Being dismissed with no inquiry, no chance to respond and no clear finding is among the easiest kinds of case to question.
What if I was suspended and never heard from again?
That silence is itself worth documenting. Note when the suspension started, what you were told, and whether any pay continued. A long suspension with no inquiry or update can be part of a pattern a lawyer will want to see.
Can I be dismissed on the spot for serious misconduct?
Summary dismissal without notice is allowed for serious misconduct, but your employer still needs a genuine reason and some process behind it. A sudden dismissal with no explanation at all is not automatically lawful just because it happened quickly.
Does responding to a show-cause letter make me look guilty?
No. Not responding is usually worse, since silence can be read as having nothing to say. A calm, factual reply, even a short one, becomes part of the record a lawyer can work with later.
What if the allegation against me is simply not true?
Write down your version of events with dates, and gather anything that supports it. Your employer must prove both that the allegation is true and that the process was fair.
Sources
- The burden of proving both the misconduct 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, Unfair Dismissal
- An employee who considers they were dismissed without just cause or excuse may make a written representation to the Director General of Industrial Relations within 60 days of the dismissal. Mah Weng Kwai & Associates, Unfair Dismissal
- Since the Industrial Relations (Amendment) Act 2020 came into force on 1 January 2021, the Director General refers a case that does not settle at conciliation directly to the Industrial Court. MECA, Industrial Relations Act 1967 Guide
Keep reading
If you are thinking of challenging a misconduct dismissal, an independent employment lawyer can review the allegation and the process your employer followed. They can act for you if it does not hold up.
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.