Evidence Questions Answered Plainly
Straight answers on what to keep and gather after a dismissal.
Evidence, Explained For Workers
Good evidence turns a vague sense that something went wrong into a case someone can actually assess.
These are the questions workers ask most about gathering it.
Do I Really Need Evidence If The Burden Is On My Employer?
Yes, because although the burden of proof lies on the employer to show just cause and excuse, your own evidence still helps build the full picture 1.
Records of what actually happened make your account clearer and harder to dispute.
What Documents Should I Keep After A Dismissal?
Your employment contract, offer letter, termination letter or message, and any warning letters or performance reviews.
These form the backbone of most claims regardless of the reason given.
What If The Dismissal Happened Mostly Through Conversation?
Write down what was said as soon as possible after it happens, including dates, names, and the exact words used where you can recall them.
A contemporaneous note carries real weight even without a recording, and a chronology builder can help you organise it.
Are WhatsApp Or Email Messages Useful Evidence?
Yes, messages that show instructions, warnings, or the reasons given for a dismissal can be very useful.
Screenshot and save them somewhere outside of work systems as soon as possible.
What If I Have Already Lost Access To My Work Email Or Systems?
Focus on what you still have, such as personal messages, printed documents, or anything forwarded to a personal account beforehand.
Colleagues who witnessed events can also be a source of evidence.
Should I Ask Colleagues To Be Witnesses?
This can help, though it is worth being mindful of their own position at the company before asking.
A witness account, even informal, can support your version of events.
How Should I Organise Everything I Collect?
A simple timeline with dates, what happened, and which document or message supports each point works well.
This makes it easier for anyone helping you to understand the case quickly, whether for misconduct or any other type of dismissal.
If you are unsure what counts as useful evidence in your situation, it can help to walk through what you already have with someone who knows what the process looks for.
Common questions
Do I really need evidence if the burden is on my employer?
Yes, because although the burden of proof lies on the employer to show just cause and excuse, your own evidence still helps build the full picture. Records of what actually happened make your account clearer and harder to dispute.
What documents should I keep after a dismissal?
Your employment contract, offer letter, termination letter or message, and any warning letters or performance reviews. These form the backbone of most claims regardless of the reason given.
What if the dismissal happened mostly through conversation?
Write down what was said as soon as possible after it happens, including dates, names, and the exact words used where you can recall them. A contemporaneous note carries real weight even without a recording.
Are WhatsApp or email messages useful evidence?
Yes, messages that show instructions, warnings, or the reasons given for a dismissal can be very useful. Screenshot and save them somewhere outside of work systems as soon as possible.
What if I have already lost access to my work email or systems?
Focus on what you still have, such as personal messages, printed documents, or anything forwarded to a personal account beforehand. Colleagues who witnessed events can also be a source of evidence.
Should I ask colleagues to be witnesses?
This can help, though it is worth being mindful of their own position at the company before asking. A witness account, even informal, can support your version of events.
How should I organise everything I collect?
A simple timeline with dates, what happened, and which document or message supports each point works well. This makes it easier for anyone helping you to understand the case quickly.
Sources
- The burden of proof lies on the employer to show that a dismissal was for just cause and excuse. Mah Weng Kwai & Associates
Keep reading
If you are unsure what counts as useful evidence in your situation, it can help to walk through what you already have with someone who knows what the process looks for.