When Not To Claim Poor Performance Dismissal
Not every poor performance dismissal is worth challenging, and this guide explains when to consider a different path.
Was Your Improvement Plan A Real Chance Or A Formality
Start by looking honestly at how your performance improvement plan (PIP) ran. Did your employer set clear, achievable targets?
Did they check in with you regularly and give you a fair amount of time before deciding? If so, a challenge starts from a weaker position.
A PIP that existed mostly on paper, with vague goals and little real support, is a different story. The employer still carries the burden of proving the process was fair, so a thin PIP file works against them, not you.
Compare How Others In Your Role Were Treated
Think about whether colleagues doing similar work, with similar results, were treated the same way. If someone else missed the same targets and kept their job, or got a longer runway to improve, raise that difference.
Because back wages are capped, and the exact ceiling depends on whether you were confirmed or still on probation, the financial upside of any claim has a limit from the start2. Weigh that limit honestly against how strong your comparator evidence actually is.
If your real complaint is unpaid salary, unused leave, or a benefit the employer owes you, that usually belongs with the Labour Department. It falls under the Employment Act, not a Section 20 claim, and filing in the wrong place wastes time you may not have to spare.
What A Better Path Can Look Like
Where the PIP looks genuine and your results were consistently short of a fair target, a formal dispute may not be worth it. A direct request for a fair reference letter or a small settlement can get you more, faster.
Check your exact dismissal date on the 60-day deadline calculator before ruling anything out1. The dismissal for poor performance entity page sets out what a genuine PIP process should include, which helps you judge whether yours measured up.
If your situation does still look worth pursuing formally, the Section 20 representation page explains the filing step. For the same weighing exercise applied to a misconduct case, see when a misconduct dismissal is not worth challenging.
A short conversation with a lawyer costs you little. It can settle the question either way.
If you are unsure whether your PIP and warnings were genuine or just a formality, a lawyer can help you weigh whether a claim is worth filing.
Common questions
Does a PIP always protect the employer
No. A PIP with vague targets, no real support, and a very short deadline can be challenged as a formality rather than a genuine chance to improve. A well run PIP with clear goals is harder to contest.
Does it matter how other staff in my role were treated
Yes. If a colleague with similar results was not put on a PIP or was given longer to improve, that gap in treatment can strengthen your case. Keep any details you remember about comparable staff.
What if I am only owed unpaid salary or leave
Unpaid wages and leave are usually a Labour Department matter under the Employment Act, not a Section 20 dismissal claim. The two routes are separate, and a lawyer can point you to the right one.
Can I still negotiate directly with my employer
Yes, and many performance disputes end there. A calm written request for a neutral reference or a small goodwill payment sometimes resolves things faster than a formal claim.
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
- Back wages awarded by the Industrial Court are capped at 24 months for a confirmed employee and 12 months for a probationer DNH
Keep reading
If you are unsure whether your PIP and warnings were genuine or just a formality, a lawyer can help you weigh whether a claim is worth filing.