Dismissed over a misconduct claim you dispute?
You deny the allegation, or you think the punishment was far too harsh.
Your employer says you committed misconduct. Either you did not do it, or it was much smaller than they claim.
Not every mistake at work justifies losing your job. Misconduct dismissal cases turn on whether the punishment fit what happened, which is a core question in unfair dismissal law.
Does the punishment have to match the misconduct?
Broadly yes. Dismissal is meant for misconduct serious enough to end the working relationship, not for every rule breach.
A minor first lapse that ends in instant dismissal, when a warning would fit, can suggest the real reason lies elsewhere.
What if I disagree with the facts alleged?
Write your version of events in detail while it is fresh. Include dates, people involved and anything that contradicts the allegation.
If anyone witnessed what happened, note their names, even if you cannot contact them yet. Their account may matter later.
Who has to prove the misconduct took place?
Your employer must prove that the misconduct happened and that dismissal was a fair response to it.1
If the facts are disputed and your employer has no clear evidence, that burden is harder to meet.
How long do you have to challenge the dismissal?
You have 60 days from the dismissal date 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 the claim 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?
Compare your case with how the company handled similar incidents involving other staff, if you know of any. Ask for a copy of the disciplinary policy, so you can check whether dismissal matches its own scale of penalties.
If no hearing took place before the decision, 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 challenge the allegation and the dismissal, send your account and the dismissal date to an independent employment lawyer. They can review whether it is a case they can act on.
You dispute a misconduct allegation that ended in dismissal. An independent employment lawyer can go through your account, tell you whether a claim is worth pursuing, and act on it if so.
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
Can I be dismissed for a first time, minor mistake?
It depends on how serious the mistake genuinely was and what your employer's own disciplinary policy says about penalties. A first offence treated as severely as repeated serious misconduct can support an argument that the response was disproportionate.
What if I admit part of the allegation but not all of it?
Be precise about what you accept and what you dispute, since mixing the two can weaken your position. A clear, honest account of exactly what happened usually serves you better than denying everything outright.
Does it matter how long I had worked there before this happened?
Length of service alone does not decide the case, but a long, clean record can support an argument that dismissal was a disproportionate first response. At an agreed consultation with an identified lawyer, bring your full employment history for review for context.
Should I apologise if I think I made a genuine error?
A genuine, honest response to a fair process is reasonable, but be careful about wording that could be read as accepting a more serious version of events. Keep a copy of anything you send.
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
You dispute a misconduct allegation that ended in dismissal. An independent employment lawyer can go through your account, tell you whether a claim is worth pursuing, and act on it if so.
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.