What Should You Keep After Dismissal?
You are not sure what to save, and some of it matters more than you think.
Deciding what to keep can feel overwhelming right after a dismissal. This page sets out what actually matters, and what to leave untouched.
What counts as evidence in a dismissal claim?
Evidence is anything that shows what actually happened at work: your contract, your dismissal letter, payslips, appraisals, and messages about your exit. Even informal chats on WhatsApp or email can matter.
Your employer carries the burden of proving it had just cause to dismiss you, once a claim reaches the Industrial Court.1 Your evidence still matters, because it shapes what a lawyer can challenge and what conciliation can settle.
What should you save right now?
Start with anything in writing: your offer letter, contract, the dismissal or show-cause letter, and recent payslips. Keep appraisals or performance reviews too, especially any that contradict the reason you were given.
Screenshot messages about your exit before access to work accounts is cut off. Save them somewhere outside work systems, such as your personal email or phone.
Why does a chronology matter more than a long story?
A clear timeline, what happened and when, is worth more to a lawyer than a detailed account told out of order. Write down each event with its date, as close to the time as you can remember it.
Gaps in a chronology are normal and can be filled in later. What matters is starting one now, while details are still fresh.
Should you alter or delete anything?
No. Do not delete messages, edit documents, or clean up your own record of events, even ones that seem unhelpful to you.
An altered document can undermine an otherwise strong claim, so keep everything exactly as it was, including drafts and things you never sent.
How does evidence connect to the 60-day deadline?
You have 60 days from your dismissal to lodge a written representation with the Director General of Industrial Relations, so evidence and the deadline move together.2 Preparing early matters because conciliation, the meeting that follows, does not allow a lawyer to speak for you directly.3
Read what unfair dismissal covers if you are still working out whether your situation qualifies, and work out your exact deadline once you have a date.
What should you do this week?
Gather everything in one place: your letter, contract, payslips, appraisals and messages. Write your chronology alongside it, even a rough version.
Then get a read on what you have before the 60 days runs down, so nothing important gets lost along the way.
Once you have even a rough version of what happened and when, that is enough to start with. Send us your chronology and the documents you have, and we can help you see what else to gather.
Common questions
Do I need original documents, or are copies enough?
Copies are fine to start with, including photos or screenshots of the originals. What matters most is that nothing is altered, so keep the file or screenshot exactly as it first appeared.
What if I never got anything in writing?
Messages, emails and even a diary entry written soon after the event still count as evidence. Write down what was said, by whom, and when, as soon as you can while the details are clear.
Should I ask my employer for a copy of my personnel file?
You can ask, though your employer may not provide everything you request. It is worth trying in writing, but do not wait for a reply before gathering what you already have access to.
Is a WhatsApp message really useful as evidence?
Yes, dates and wording in a message can matter as much as a formal letter. Save the full conversation, not just a single screenshot, since the context around a message often matters too.
How far back should my chronology go?
Start from whatever first felt like the beginning of the problem, even weeks or months before the dismissal itself. A lawyer can help you decide later which parts matter most to your claim.
Sources
- The burden of proving just cause or excuse for a dismissal rests on the employer, not the employee, once a claim 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 (Section 20, Industrial Relations Act 1967). Mah Weng Kwai & Associates, Unfair Dismissal
- After a Section 20 representation is lodged, the Industrial Relations Department arranges conciliation, usually one or two sessions where an officer mediates; solicitors are not permitted to represent parties at this stage. Mah Weng Kwai & Associates, Unfair Dismissal
Keep reading
Once you have even a rough version of what happened and when, that is enough to start with. Send us your chronology and the documents you have, and we can help you see what else to gather.