Myths About Poor Performance Dismissal Claims
Several beliefs about poor performance dismissal are simply wrong, and they stop people from checking their options.
What Myths Get In The Way Of A Fair Read
A common myth is that a low rating settles the matter on its own. In practice, the Industrial Court looks at the whole process, including whether standards were clear and warnings were genuine, not just the final number1.
Another myth is that the employee has to prove their own good performance before anything else can happen. The law places that burden on the employer, who must show the reason was real and the process fair2.
Myths About PIPs And Perfect Records
Some readers assume being placed on a Performance Improvement Plan makes a later dismissal automatically fair. A PIP that keeps shifting its targets or offers little real support tells a different story than one might expect.
There is also a myth that only a flawless work history supports a claim. Most real situations involve some genuine performance concerns sitting alongside a process that still fell short of fair.
Getting Past The Myths
Start with the facts of your own case rather than general assumptions, beginning with your dates on the 60-day deadline calculator. The dismissal for poor performance entity page explains what a genuinely fair process looks like, so you can compare it with what actually happened.
The guide on myths about misconduct dismissal claims covers similar ground if your situation involves a conduct element too. When you are ready to move forward, the Section 20 representation page explains what filing involves.
A short conversation with a lawyer can replace assumptions with a clear answer based on your actual facts.
If you have heard conflicting things about poor performance dismissals, a lawyer can tell you plainly what applies to your situation.
Common questions
Is it true that a low performance rating ends the discussion
No. A rating is one piece of evidence, not the final word, and the Industrial Court looks at the whole process. Clear standards, real warnings, and consistent treatment matter as much as the number itself.
Is it true I have to prove I performed well
No, the opposite is closer to correct. Your employer has to prove the performance issue was real and that dismissing you over it was fair, not the other way round.
Is it true that being on a PIP means dismissal is inevitable
No. A Performance Improvement Plan is meant to give you a genuine chance to improve. If targets kept shifting or support was missing, that pattern itself can be worth raising.
Is it true a claim only works if I never made mistakes
No. A claim is about whether the dismissal process was fair, not whether you were a perfect employee. Most real cases involve some genuine performance concerns alongside a flawed process.
Sources
- 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
- 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
Keep reading
If you have heard conflicting things about poor performance dismissals, a lawyer can tell you plainly what applies to your situation.