Dismissed After Reporting Wrongdoing
You flagged something wrong at work and now you are the one without a job.
You noticed something was wrong, maybe numbers that did not add up, or a safety shortcut that put people at risk, and you said so. Now you are the one out of a job.
Speaking up about genuine wrongdoing should not cost someone their livelihood. When it does, the dismissal that follows can raise a whistleblower retaliation claim alongside an ordinary unfair dismissal one.
Does reporting wrongdoing protect me from dismissal?
There is no rule that guarantees immunity from dismissal simply because you reported something. What matters is whether the dismissal had a genuine, separate cause or was really a response to your report.
A sudden shift in how you were treated after the report, such as exclusion from meetings or new scrutiny of your work, often accompanies a retaliatory dismissal.
What should you document about the report you made?
Keep a copy of the report itself, whether it was an email, a formal channel submission, or notes from a verbal conversation with a specific person.
Record who you told, when, and how they responded, including any request to keep quiet about the issue or any visible discomfort at being told.
Who has to prove the dismissal was unrelated?
Your employer carries the burden of proving there was just cause or excuse for the dismissal, separate from the report you made1.
A stated reason that appeared only after your report, with no earlier history of concern, is harder for an employer to defend convincingly.
How long do you have to bring a claim?
You have sixty days from the date of dismissal to file a Section 20 representation with the Director General of Industrial Relations2.
If successful, remedies can include reinstatement or back wages capped at twenty four months for a confirmed employee and twelve months for a probationer3.
What should you do this week?
Write down the full sequence of events from the report to the dismissal, including every change in how you were treated in between.
If your employer told you to keep quiet or pressured you to resign instead of dismissing you outright, read about being pressured to refuse an unlawful instruction, and use the deadline calculator to check your window.
Sharing your report and the events that followed helps a lawyer see whether retaliation is the more likely explanation.
Common questions
Do I need proof the wrongdoing actually happened?
Having evidence of the wrongdoing helps, but your dismissal claim mainly turns on whether the dismissal was genuinely justified, not on proving every detail of what you reported. Bring what you have and let a lawyer assess it.
What if I reported the issue anonymously?
An anonymous report can still be connected back to you through timing, access, or who knew about the issue, so note anything suggesting your employer identified you as the source. That connection matters for a retaliation claim.
Should I have reported through a formal channel instead of my manager directly?
Either route can support a claim, though a formal channel often creates a clearer paper trail. If you only spoke to your manager verbally, write down what was said as soon as possible to preserve the record.
What if colleagues who also knew about the wrongdoing were not dismissed?
That difference in treatment can be relevant, since it may suggest you were singled out. Note who else knew, what they did or did not do, and how the company treated each person differently.
Sources
- In an unfair dismissal case the burden of proof rests on the employer to show just cause or excuse for what happened. Mah Weng Kwai & Associates
- An employee who believes they were dismissed without just cause may file a Section 20 representation within sixty days of the dismissal. Mah Weng Kwai & Associates
- Back wages awarded by the Industrial Court are capped at twenty four months for a confirmed employee and twelve months for a probationer. DNH
Keep reading
Sharing your report and the events that followed helps a lawyer see whether retaliation is the more likely explanation.