Dismissed For Poor Performance?

You were placed on a performance plan, given warnings, or rated poorly, then dismissed. Whether that was fair depends less on the rating itself than on the process behind it.

What counts as dismissal for poor performance?

This covers dismissal for underperformance, missed targets, or being told you are not meeting the standard of your role. Unlike misconduct, the reason is about capability, not wrongdoing.

Your employer still needs to show the standard was clear, and that you had a real, documented chance to meet it before being let go.

Is a PIP always genuine?

A Performance Improvement Plan, or PIP, can be a genuine attempt to help you improve, or a paper trail built toward a dismissal already decided. The difference usually shows in the details.

Specific, achievable targets and honest reviews point to a genuine process. Goals that shift whenever you meet them, or feedback that never matches your results, point the other way.

How many warnings does the law actually require?

There is no fixed number set by statute. What matters is whether the process was genuine: clear standards, a real chance to improve, and comparators treated consistently.

A single vague warning followed by sudden dismissal is easier to question than a documented history of specific, tracked concerns.

What makes the process unfair?

Your employer carries the burden of proving both the poor performance and the fairness of the process, once a case reaches the Industrial Court.¹ Ratings that contradict your recent, genuinely good reviews are exactly the kind of gap the Court looks for.

Being singled out while colleagues with similar results kept their jobs is also worth documenting.

What if you were confirmed versus still on probation?

The claim process is the same either way: probationers are protected too, not just confirmed staff. What differs is the ceiling on back wages if the claim succeeds, 12 months for a probationer against 24 months for a confirmed employee.³

Knowing which category you fall into helps set realistic expectations early, without deciding anything about whether to pursue a claim.

What is the deadline to act?

You have 60 days from your dismissal date to make a written Section 20 representation to the Director General of Industrial Relations.² You can work out your exact deadline here once you have that date in mind.

Waiting to see whether a reference or a settlement offer comes through can quietly use up days you may need.

What to do this week

Save every appraisal, warning letter, PIP document, and message about your performance, good or bad. A timeline built from your own records is worth more than memory alone.

Then get a read on your situation before the 60 days runs down. A short conversation with an employment lawyer can tell you whether the process holds up.