How To Prepare After The Ultimatum
You want a clear checklist of what to gather after being told to resign or be fired.
A useful checklist here starts with the ultimatum itself, since that single moment anchors most of your forced resignation case.
A focused list saves time later, and it makes your first conversation with a lawyer far more productive than a vague summary of events would.
What should you write down about the ultimatum itself?
Record exactly what was said, who said it, and when and where the conversation happened. Include whether it was delivered verbally, in writing, or both, since that detail matters for how easily it can be proven later.
The more specific you can be about the actual wording used, the more useful this record becomes to a lawyer reviewing your case1.
What context is worth including as well?
A brief note on what led up to the ultimatum, such as recent changes to your role or a specific dispute, helps explain why it happened. Keep this part factual and short rather than a long narrative of everything that ever bothered you.
What documents should you gather alongside your account?
Collect your employment contract, any recent messages connected to the events, and your resignation letter if you have already sent one. Pay slips showing your role and salary before the ultimatum are also worth keeping close by and organised.
What if you have already resigned without preparing first?
Write down what you remember as soon as you can, even if some time has already passed. A later account is still valuable, and your employer still carries the burden of justifying what happened2.
Is a witness account worth chasing down?
If anyone else was present, or aware of the ultimatum shortly after it happened, note their name and how to reach them. A brief supporting account from someone else can carry real weight later.
You do not need a formal statement from them immediately, only enough detail to find them again later if it becomes necessary for your case.
What should you do this week?
Set aside time to gather everything into one folder, physical or digital, so nothing gets left behind. Check your deadline with the deadline calculator, and read your rights in this situation before you go further.
Bring your folder to a lawyer when you are ready to discuss filing a Section 20 representation with the department directly.
A lawyer can review what you have gathered and tell you what else would strengthen your position before you file anything.
Common questions
What is the single most useful thing to prepare?
A written account of the exact ultimatum, including who said it, when, and where. This one document does more to organise your case than anything else you could gather.
Should I include what led up to the ultimatum too?
Yes, brief context about the days or weeks before it can help explain why the ultimatum happened. Keep this part short and factual rather than lengthy.
What if I resigned before thinking to gather any evidence?
Write down what you remember now, as soon as you can, even after the fact. A later account is still useful, though sooner is always better than later.
Do I need a witness for my case to be taken seriously?
Witnesses help but are not required for every case. If anyone else was present or aware of the ultimatum, note their name in case they are needed later.
Sources
- The Supreme Court in Wong Chee Hong v Cathay Organisation (M) Sdn Bhd held that constructive dismissal is judged by the contract test, whether the employer breached a term going to the root of the contract. Thomas Philip
- In an unfair dismissal case, the burden of proof rests on the employer to show just cause or excuse for the dismissal. Mah Weng Kwai & Associates
Keep reading
A lawyer can review what you have gathered and tell you what else would strengthen your position before you file anything.