How To Prepare For A Claim
You want a clear checklist of what to gather before you speak to anyone about your dismissal.
You want a clear list of what to gather for your unfair dismissal claim, instead of a vague instruction to keep good records.
A focused checklist saves time later, and it makes your first conversation with a lawyer far more productive. Here is what actually matters, roughly in the order to tackle it.
What documents should you collect first?
Start with your employment contract, your dismissal letter or show-cause letter, and your most recent pay slips. These establish the basic facts of your employment and how it ended, which anchors everything else you gather afterward.
Add any performance reviews, warning letters, or appraisal notes you received during your time there. These help show the pattern your employer actually followed, not just what the final letter says on its own.
Keep digital and paper copies where you can, stored somewhere separate from your work email or company systems.
What about your own account of events?
Write a short timeline of what happened, in order, with approximate dates for each event. Doing this while your memory is fresh matters a great deal, since small details tend to fade within a few short weeks.
Note the names of anyone who witnessed key moments, along with a line on what they saw. You do not need a formal statement from them yet, just enough to find them again later if it becomes necessary.
Why does preparing early matter, even before you decide?
Your employer carries the burden of proving just cause or excuse for the dismissal, but that does not mean your own preparation is optional1. Strong documentation makes it easier for a lawyer to assess your situation quickly and accurately.
Evidence is also simply easier to gather now than it will be months from now, once memories fade and messages get deleted or lost. Waiting rarely makes the picture clearer, and it often makes it harder to reconstruct.
What should you do this week?
Set aside an hour this week to gather everything into one folder, physical or digital, so nothing gets left behind. Confirm your sixty day deadline using the deadline calculator before you do anything else2.
Read your rights after an unfair dismissal alongside this guide, and bring your folder to a lawyer when you are ready to discuss a Section 20 representation.
A lawyer can look at what you have gathered and tell you what else would strengthen your position before you file anything.
Common questions
What documents matter most when preparing a claim?
Your employment contract, your dismissal or show-cause letter, recent pay slips, and any performance reviews are the core set. Add messages or emails connected to the events, even ones that feel minor.
Should I write down my own account of what happened?
Yes, a written timeline with approximate dates helps a lawyer follow your situation quickly. Write it while your memory is fresh, since small details tend to fade within a few weeks.
Do I need witnesses to have a strong case?
Witnesses can help, but they are not required for every case. If colleagues saw relevant events, noting their names now makes it easier to reach them later if needed.
Should I prepare even if I have not decided to file yet?
Yes, since evidence is easier to gather immediately than it is months later. Preparing now keeps your options open, whether or not you eventually decide to file.
Sources
- In an unfair dismissal case, the burden of proof rests on the employer to show just cause or excuse for the dismissal. Mah Weng Kwai & Associates
- An employee who believes they were dismissed without just cause or excuse may file a Section 20 representation with the Director General of Industrial Relations within sixty days of the dismissal. Mah Weng Kwai & Associates
Keep reading
A lawyer can look at what you have gathered and tell you what else would strengthen your position before you file anything.