Dismissed over a charge, not a conviction?

You were charged with an offence that is still working its way through the courts. Long before any conviction, your employer decided to let you go.

A charge is only an accusation, not a finding of guilt. An employer who dismisses on a charge alone must still justify it as a misconduct dismissal, not treat it as settled fact.

Can I be dismissed just because I was charged?

Not on the charge alone. An employer can consider a charge, especially one that relates to your job, but dismissal still needs a genuine, fair basis before any conviction.

A charge for something unconnected to your role is treated differently from one that goes to the trust your job requires.

Does the presumption of innocence matter in an employment case?

The criminal case and your employment case are separate processes with different standards. A charge alone does not prove misconduct for employment purposes.

A fair process includes the employer running its own investigation instead of relying only on the charge.

Who has to prove your dismissal was justified?

Your employer must show just cause or excuse for the dismissal, whatever the criminal court eventually decides.¹ That is the same standard used across unfair dismissal cases.

If you are later acquitted or the charge is dropped, that can support your position, though it does not automatically undo an earlier dismissal.

How long do you have to challenge the dismissal?

You have 60 days from the date of dismissal to file a Section 20 representation.² This is the written claim you lodge to say your dismissal was unfair, and it goes to the Director General of Industrial Relations.

If it succeeds, remedies can include reinstatement, meaning getting your job back. Back wages, the salary you lost while out of work, are capped at twenty four months for a confirmed employee and twelve months for a probationer.³

What should you do this week?

Gather the charge sheet or any document describing the allegation, and note whether your employer held any inquiry of its own before dismissing you.

Keep track of your criminal case, since developments there can support your employment claim.

For a related situation, read about being dismissed without a domestic inquiry. A domestic inquiry is an internal company hearing into alleged misconduct.

Then use the deadline calculator to check your 60 days.

If you want a lawyer to act on your dismissal, send the charge details and dismissal dates to an independent employment lawyer. They can review whether it is a case they can act on.