How To Prepare For Performance Dismissal
If you were dismissed for poor performance, here is how to prepare before you take the next step.
Start With Your PIP File And Every Warning
Gather the PIP document itself, each appraisal, and every warning letter or email that mentions your performance. Include anything that shows what targets you were given and how much time you were allowed to meet them.
Because the employer carries the burden of proving the dismissal was fair2, gaps in that file work in your favour. A missed check-in, a target that changed midway, or a review that never happened are all worth writing down.
Note How Comparable Colleagues Were Treated
Write down the names of colleagues doing similar work with similar results, and how their situation was handled. If someone else missed the same targets and was not put on a PIP, or was given a longer runway, that detail matters.
Also record whether the support promised in your PIP, such as training or coaching, actually happened. A PIP that exists mostly on paper is different from one that came with real, documented help.
If any warnings were only ever given verbally, write your own account as soon as possible, noting what was said and by whom. Memory of a long PIP period fades faster than most people expect.
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 poor performance entity page explains what a genuine PIP process usually includes.
If you plan to move forward, the Section 20 representation page walks through what filing involves. The guide on preparing for a misconduct dismissal claim covers similar ground if your situation later turns out to involve a conduct allegation.
A lawyer can look at what you have gathered and tell you quickly whether it supports a claim.
Once your PIP records and warnings are together, a lawyer can review them with you and explain what they show about your case.
Common questions
What documents should I gather first
Start with your employment contract, every appraisal, and any PIP documents, warning letters, or emails that mention your performance. The dismissal letter itself completes the core set.
What should my PIP file actually contain
Keep the PIP document itself, every check-in email or note, and anything showing what support or training was offered. Gaps in that file, such as missed check-ins, are often as telling as what it does contain.
Does it help to note how colleagues were treated
Yes. If you can name a colleague in a similar role with similar results who was treated differently, write down what you remember, including roughly when. A lawyer can assess how useful that comparison is.
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
- 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
Once your PIP records and warnings are together, a lawyer can review them with you and explain what they show about your case.