Who Carries The Burden Of Proof
You are worried you need to prove your innocence before anyone will listen.
Burden of proof is one of the more reassuring ideas in this whole process, once it is properly understood, because it shifts the weight away from you.
What It Means
It refers to which side has to prove its case. In an unfair dismissal claim, that responsibility sits with your employer, not with you as the dismissed worker.
Your employer must show that the dismissal was for just cause or excuse, meaning a real, provable reason and a fair process behind it.1
Why It Matters To You
This matters because many workers hesitate to file a claim, worried they need to build an airtight case from scratch before anyone will listen to them.
In reality, a vague, shifting, or unproven explanation from your employer works against their own case once the matter is examined by the Industrial Court.
What Does This Mean For Your Case
You still benefit from keeping your own account and any documents you have, since a clear record supports your side if the facts are disputed.
Read about just cause and excuse for the actual standard your employer has to meet, and evidence and documentation for what is worth keeping.
Whatever evidence exists on either side, check your 60-day filing window on the deadline calculator before it closes.
Telling us what evidence you already have, and what your employer's stated reason was, helps us see how this burden plays out in your case.
Common questions
Do I have to prove my employer was wrong to dismiss me?
Not in the sense of building a full defence yourself. Once you file a claim, your employer carries the burden of showing the dismissal was for just cause or excuse.
Does this mean I do not need any evidence at all?
You still benefit from a clear account and any supporting evidence, since it helps the process move smoothly and supports your version of events if the two sides disagree on facts.
Sources
- The burden of proof in an unfair dismissal case rests on the employer, who must show the dismissal was for just cause or excuse. Mah Weng Kwai & Associates, Unfair Dismissal
Keep reading
Telling us what evidence you already have, and what your employer's stated reason was, helps us see how this burden plays out in your case.