How To Prepare For Misconduct Dismissal
If you were dismissed over alleged misconduct, here is how to prepare before you take the next step.
Start With The Show-Cause Letter And Inquiry Notes
Your show-cause letter is the starting document, since it states the exact allegation the employer relied on. Keep it together with any notes, minutes, or recording from a domestic inquiry, plus the final dismissal letter.
Because the employer carries the burden of proving both the misconduct and the fairness of the process it used2, anything showing how that inquiry actually ran matters as much as the allegation itself. Note who sat on the panel and whether you were allowed to respond.
Document The Process, Not Just Your Side Of The Story
Write your own account of the inquiry itself: how much notice you were given, whether you could bring a representative, and whether the questions felt like a genuine hearing or a formality. These details are easy to forget once time passes.
If you were suspended pending the inquiry, note the dates and whether you were paid during that period. That timeline often matters as much as the outcome when a case is reviewed later.
If no inquiry was held before you were dismissed, write that down clearly, including who told you and when. An employer skipping the inquiry step entirely is itself a fact worth preserving.
Turning Your Documents Into Next Steps
Check your exact dates against the 60-day deadline calculator so you know how much time remains1. The dismissal for misconduct entity page explains what a fair show-cause and inquiry process usually includes, which helps you see what may be missing from yours.
If you plan to move forward, the Section 20 representation page walks through what filing involves. The guide on preparing for a probation dismissal claim covers similar ground if your case also touches on a short work history.
A lawyer can look at what you have gathered and tell you quickly whether it supports a claim. Bringing your show-cause letter and inquiry notes makes that first conversation far more useful.
Once you have your show-cause letter and inquiry notes together, a lawyer can review them and explain what they show about your case.
Common questions
What documents should I gather first
Start with the show-cause letter, any notes from a domestic inquiry, and the dismissal letter itself. Add your employment contract, appraisal history, and any messages that touch on the allegation or your work record.
Why does the fairness of the inquiry matter so much
Because the employer must prove both the misconduct and that the process used to decide it was fair. Notes on how the inquiry actually ran, not just what you are accused of, are often the most useful evidence.
What if no inquiry was held at all
That absence is itself worth documenting clearly. Write down who told you, what was said, and whether you were ever asked for your side before the decision was made.
How soon should I start preparing
As soon as possible, since your filing window is fixed and does not pause while you gather documents. Preparing early also means details are still accurate in your memory.
Sources
- An employee who believes a dismissal had no just cause or excuse can file a written representation to the Director General of Industrial Relations within 60 days of the dismissal Mah Weng Kwai & Associates
- In an unfair dismissal case the burden falls on the employer to prove the dismissal was for just cause or excuse Mah Weng Kwai & Associates
Keep reading
Once you have your show-cause letter and inquiry notes together, a lawyer can review them and explain what they show about your case.