What To Do About A Misconduct Dismissal
If you were dismissed for alleged misconduct, here are the practical steps to take right away.
What Should You Do About A Misconduct Dismissal
Start by writing down exactly what you were accused of and what was said when you were dismissed. Do this before anything else, since the details fade quickly once the shock wears off.
Do not sign a settlement, resignation letter, or admission the employer hands you on the spot. Ask for time to read it properly, since what you sign can affect your rights later.
Check Whether The Process Was Fair
A fair misconduct dismissal usually involves a chance to respond, often through a domestic inquiry, before the final decision. If you were dismissed with no hearing and no real chance to explain yourself, that gap matters.
Remember that the burden is on your employer to prove the dismissal was justified, not on you to prove you did nothing wrong2. Keep any messages, warning letters, or show-cause letters you received, since these show what the employer actually relied on.
Move On These Two Things In Parallel
Check your exact dismissal date against the 60-day deadline calculator, because this window is fixed and does not pause for you to think things over1. The dismissal for misconduct entity page explains how this type of case usually unfolds from here.
If a formal hearing was involved, the domestic inquiry entity page explains what fairness at that stage should look like. The guide on what to do about a poor performance dismissal is useful if your employer is mixing conduct and performance issues together.
A short conversation with a lawyer early on can save you from mistakes that are hard to undo later. Bring whatever documents and messages you already have to make that conversation count.
Once you have the basic facts written down, a lawyer can tell you quickly what your next step should be.
Common questions
Should I sign anything my employer gives me right away
No, read everything carefully first, and ask for time if you need it. A settlement or admission letter can affect your rights later, so it is worth understanding fully before you sign.
Was I supposed to get a domestic inquiry
A fair process for misconduct usually includes a chance to respond before dismissal, often through a domestic inquiry. If you were dismissed with no hearing at all, that is worth raising with a lawyer.
What should I write down now
Note the date you were told, what you were accused of, and what was said. Do this while the details are fresh, since it becomes harder to recall accurately after a few weeks.
How fast do I need to act
Faster than feels comfortable, since your window to file a representation is fixed and does not extend for personal circumstances. Start gathering documents and checking your deadline in the first few days.
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 the basic facts written down, a lawyer can tell you quickly what your next step should be.