Mistakes To Avoid After Performance Dismissal
A few avoidable mistakes can quietly weaken a poor performance dismissal claim before it even starts.
What Mistakes Should You Avoid After This Dismissal
The most common mistake is letting the 60-day filing window slip while waiting to see how things unfold, such as a new job offer or an informal chat with your former manager1. The clock keeps running regardless of what else you are doing.
A second mistake is signing a settlement or release document without a proper read, since some clauses affect your options in ways that are not obvious at first glance. Reading it carefully, or having a lawyer do so, takes little time compared with the risk of signing blind.
Mistakes That Weaken A Case Quietly
Accepting the stated reason for dismissal without question is another common gap, since your employer still carries the burden of proving both the performance issue and the fairness of the process2. Writing your own account, even briefly, keeps that burden where it belongs.
Keeping documents only on a work email or work device is a practical mistake many people only notice after access is cut off. Save copies of appraisals, PIP documents, and messages somewhere you control while you still can.
What To Do Instead
Check your deadline now on the 60-day deadline calculator, regardless of how confident or unsure you feel about your case. The dismissal for poor performance entity page explains what a fair process should have included.
The guide on mistakes to avoid after a misconduct dismissal covers similar ground if your situation also involves a conduct element. When you are ready, the Section 20 representation page explains the filing step itself.
A short conversation with a lawyer early on can catch mistakes before they cost you options later.
If you want to avoid the common mistakes people make after a poor performance dismissal, a lawyer can review your situation before you act.
Common questions
Is waiting to see if I find a new job a mistake
It can be, since the 60-day window keeps running regardless of your job search. Checking your deadline early costs nothing and prevents you from losing the option to claim later.
Should I accept my employer's reason without question
Not immediately. A stated reason is not automatically the true or complete one, and the employer still has to prove it was fair. Take time to write your own account before deciding what you believe happened.
Is it a mistake to only keep documents on my work email
Yes, since access can be cut off once your employment ends. Save copies of appraisals, warnings, and messages somewhere you control before that access disappears.
What if I already signed a settlement without reading it fully
It is still worth having a lawyer review what you signed, since the effect of some clauses is not always obvious. Do this as soon as possible rather than waiting.
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
- The burden of proving both the poor performance and the fairness of the dismissal process rests on the employer, not the employee, once a case reaches the Industrial Court Mah Weng Kwai & Associates
Keep reading
If you want to avoid the common mistakes people make after a poor performance dismissal, a lawyer can review your situation before you act.