Dismissed for poor performance?
You were rated poorly, put on a plan, then let go, and it all felt rushed.
You were placed on a performance plan, given warnings, or rated poorly, then dismissed. Whether that was fair depends less on the rating itself than on the process behind it.
What counts as dismissal for poor performance?
The reason given is that you cannot meet the standard of your role, for example through missed targets or poor ratings. Unlike misconduct, it is about capability, not wrongdoing.
Your employer still needs to show the standard was clear, and that you had a real, documented chance to meet it before being let go.
Is a PIP always genuine?
A Performance Improvement Plan, or PIP, can be a genuine attempt to help you improve, or a paper trail built toward a dismissal already decided. The difference usually shows in the details.
Specific, achievable targets and honest reviews point to a genuine process. Goals that shift whenever you meet them, or feedback that never matches your results, point the other way.
How many warnings does the law actually require?
There is no fixed number set by statute. What matters is whether the process was genuine: clear standards, a real chance to improve, and comparators treated consistently.
A single vague warning followed by sudden dismissal is easier to question than a documented history of specific, tracked concerns.
What makes the process unfair?
Your employer carries the burden of proving both the poor performance and the fairness of the process, once a case reaches the Industrial Court.1 Ratings that contradict your recent good reviews weaken your employer’s case.
Being singled out while colleagues with similar results kept their jobs is also worth documenting.
What if you were confirmed versus still on probation?
The claim process is the same either way: probationers are protected too, not just confirmed staff. What differs is the ceiling on back wages if the claim succeeds, 12 months for a probationer against 24 months for a confirmed employee.3
What is the deadline to act?
You have 60 days from your dismissal date to make a written Section 20 representation to the Director General of Industrial Relations.2 You can work out your exact deadline here from that date.
Waiting to see whether a reference or a settlement offer comes through can quietly use up days you may need.
What to do this week
Save every appraisal, warning letter, PIP document, and message about your performance, good or bad. A timeline built from your own records is worth more than memory alone.
If you want a lawyer to take this on, request contact with an independent employment lawyer using only your location, relevant dates and a short summary. Keep the warnings and performance reviews private until an identified independent lawyer contacts you and specifically requests them, then provide them directly to that lawyer to assess whether they can act.
If you were dismissed over performance and want to challenge it, an independent employment lawyer can review the warnings, reviews and PIP you were given. They can act for you if the process was unfair.
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
How many warnings must my employer give before dismissing me?
There is no fixed number set by law. What matters is whether you were given a genuine, documented chance to improve against clear standards, not just a box-ticking exercise. A single vague warning followed by sudden dismissal is easier to question than a real, tracked process.
How can I tell if my PIP is genuine or just a formality?
A genuine PIP sets specific, achievable targets, gives you real support, and reviews your progress honestly. If the goals shift whenever you meet them, or feedback never matches your actual results, that pattern is worth raising with a lawyer.
Does a low rating from one manager count as proof of poor performance?
Not by itself. Ratings can be subjective, and the Industrial Court looks for objective evidence, clear standards, comparators, and a documented history, not just one manager's opinion. Recent good reviews that contradict a sudden low rating matter too.
What if I was never told my performance was a problem?
That silence matters. A dismissal with no prior warning and no documented concern is easy to question, since fairness usually requires a chance to know and improve first. Write down exactly what, if anything, you were told.
Will challenging this hurt my chances of a good reference?
That is a fair concern, and worth weighing before you decide how to respond. Ask your employer for any reference in writing, and keep the reply with your other papers, so you have a record of what was said about your work.
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, 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
- Back wages awarded by the Industrial Court are capped at 24 months of last-drawn salary for a confirmed employee, and 12 months for a probationer. Donovan & Ho, Back Wages at the Industrial Court
Keep reading
If you were dismissed over performance and want to challenge it, an independent employment lawyer can review the warnings, reviews and PIP you were given. They can act for you if the process was unfair.
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.