Fired for performance with no warning?
You were told your work fell short and never got a chance to improve.
You were told your work was not good enough and, in the same conversation, that your job had ended. There was no warning before that day.
Employers are expected to follow a process before ending a job for poor performance, such as warnings or a documented improvement plan. Skipping it can point to an unfair dismissal.
Does a performance dismissal need warnings first?
In most cases, yes. Fair process expects you to be told your performance is falling short, given a real chance to improve, and warned of the consequences.
Going straight from silence to dismissal removes that chance. It can suggest the stated reason is not the full story.
What if there is no paper trail of any concerns?
Ask your former employer, in writing, for any record of the performance issues they relied on, including earlier reviews or feedback.
If none exists, that tells you something. A sudden dismissal with no earlier concern on record is harder for an employer to justify.
Who has to prove your performance justified dismissal?
Your employer must prove there was just cause or excuse. That means showing your performance genuinely fell short and that dismissal was a fair response.1
A single bad week or one disputed incident is not a documented pattern. The lack of warnings weakens their case.
How long do you have to act?
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 your past performance reviews, appraisal ratings and any positive feedback from before the dismissal. Write a timeline of your recent work, including anything that could explain a dip in output, such as a heavy workload.
If your employer used an improvement plan instead, read about a performance improvement plan built to justify dismissal. Then use the deadline calculator to track your 60 days.
If you plan to challenge a dismissal with no warning, request contact with an independent employment lawyer using your location, dismissal date and a short summary. Keep your 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 for poor performance with no warning, an independent employment lawyer can review your performance history. They can tell you whether it is a claim they can act on.
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 my employer dismiss me for performance with zero warning?
It can happen, but it departs from the fair process most performance dismissals follow. The Industrial Court weighs the lack of any earlier warning or documented concern when it assesses fairness.
What if my manager says they warned me verbally many times?
Ask for specifics: dates, what was said, and whether anything was ever put in writing. Vague claims of repeated verbal warnings, with no record at all, are weaker evidence than a documented history.
Does a probationer get the same protection here?
A probationer can still claim. Back wages are capped at twelve months instead of twenty four, but fairness is judged the same way.
Should I ask for my performance history in writing?
Yes, request copies of any appraisals, reviews, or written feedback from your time there. This record helps show whether the sudden dismissal matches how your performance was actually assessed over time.
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 for poor performance with no warning, an independent employment lawyer can review your performance history. They can tell you whether it is a claim they can act on.
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.