Dismissed after reporting wrongdoing?
You flagged a problem at work and now you have no job.
You noticed something wrong, such as numbers that did not add up or a safety shortcut that put people at risk. You said so, and now you are the one out of a job.
Speaking up about genuine wrongdoing should not cost someone their livelihood. When it does, the dismissal can raise a whistleblower retaliation claim alongside an ordinary unfair dismissal one.
Does reporting wrongdoing protect me from dismissal?
No rule gives you immunity from dismissal just because you reported something. What matters is whether the dismissal had a genuine, separate cause or was really a response to your report.
A sudden change in how you were treated after the report, such as exclusion from meetings or new scrutiny of your work, can accompany a retaliatory dismissal.
What should you document about the report you made?
Keep a copy of the report itself, whether an email, a formal channel submission, or notes from a verbal conversation with a named person.
Record who you told, when, and how they responded, including any request to keep quiet about the issue.
Who has to prove the dismissal was unrelated?
Your employer must prove there was just cause or excuse for the dismissal, separate from the report you made.1
A reason that appeared only after your report, with no earlier history of concern, is harder to defend.
How long do you have to bring a claim?
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?
Write down the full sequence from the report to the dismissal, including every change in how you were treated in between.
If the trigger was refusing an order rather than making a report, read about being dismissed for refusing an unlawful instruction. Then use the deadline calculator to check your window.
If you want a lawyer to handle a retaliation claim, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send your report and the dismissal date directly to that lawyer. They can review whether it is a case they can act on.
If you were dismissed after reporting wrongdoing at work, an independent employment lawyer can review your report and what followed and handle the claim if there is one.
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 need proof the wrongdoing actually happened?
Evidence of the wrongdoing helps, but your claim turns mainly on whether the dismissal was justified, not on proving every detail you reported.
What if I reported the issue anonymously?
An anonymous report can still be traced to you through timing, access or who knew about the issue. Note anything suggesting your employer identified you as the source, because that connection matters for a retaliation claim.
Should I have reported through a formal channel instead of my manager directly?
Either route can support a claim, though a formal channel leaves a clearer paper trail. If you only spoke to your manager, write down what was said as soon as possible.
What if colleagues who also knew about the wrongdoing were not dismissed?
That difference in treatment can be relevant, because it may suggest you were singled out. Note who else knew, what they did or did not do, and how the company treated each person.
Sources
- In an unfair dismissal case the burden of proof rests on the employer to show just cause or excuse for what happened. Mah Weng Kwai & Associates
- An employee who believes they were dismissed without just cause may file a Section 20 representation within 60 days of the dismissal. Mah Weng Kwai & Associates
- Back wages awarded by the Industrial Court are capped at twenty four months for a confirmed employee and twelve months for a probationer. DNH
Keep reading
If you were dismissed after reporting wrongdoing at work, an independent employment lawyer can review your report and what followed and handle the claim if there is one.
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.