What To Do About Poor Performance Dismissal
You were dismissed for poor performance and want to know what to do first.
What Should You Do About A Poor Performance Dismissal
The first thing to do is confirm your exact dismissal date and check it against the 60-day filing window, since that clock starts immediately2. Everything else can follow once you know how much time you actually have.
Next, resist signing anything your employer offers before reading it properly. A release or settlement document can close off options you might otherwise want to keep open.
Checking The Process, Not Just The Outcome
A low rating or a failed review is not, by itself, proof that your dismissal was fair. Your employer still needs to show the standard was clear and that you had a genuine chance to meet it, since the burden of proving this sits with them1.
Write down what warnings you actually received, when, and whether any performance plan came with real support. A dismissal with no prior warning at all is usually the easiest kind to question.
What To Do This Week
Confirm your deadline using the 60-day deadline calculator, and read the dismissal for poor performance entity page for a fuller picture of what a fair process usually includes. Save every appraisal, warning letter, and message about your work.
If your situation shares elements with a misconduct allegation, the guide on what to do about a misconduct dismissal may also be useful. When you are ready to act, the Section 20 representation page explains what filing involves.
A short conversation with a lawyer early on can tell you whether the process your employer used holds up, before the 60 days runs down.
If you just found out you were dismissed for poor performance, telling us your dismissal date and what warnings you received helps us see your options quickly.
Common questions
What is the very first thing I should do
Work out your exact dismissal date and check it against the 60-day filing window. Everything else, gathering documents and deciding whether to claim, can wait a day or two, but the deadline itself does not move.
Should I sign anything my employer gives me right away
Not without reading it carefully first. A settlement or release document can affect your options later, so it is worth a quick check with a lawyer before you sign anything final.
Do I need to accept the reason given for my dismissal
No. You can disagree with the reason and still take time to check whether the process used was fair. Writing down your own version of events is a reasonable first step either way.
What if I am not sure my case is strong
That uncertainty is normal and does not mean you should ignore the deadline. A short conversation with a lawyer can clarify where you stand before you decide what to do next.
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 just found out you were dismissed for poor performance, telling us your dismissal date and what warnings you received helps us see your options quickly.