What Evidence Do Employers Need for an Unfair Dismissal Response?

The written employment agreement including terms of employment, position description, probation period, and any restraint clauses. This establishes the foundation of the employment relationship.

Written warnings, performance improvement plans, and documented feedback. These show whether the employee was given a fair opportunity to improve before dismissal.

Workplace policies that the employee was subject to — including codes of conduct, disciplinary procedures, and any relevant HR policies. Evidence that the employee was aware of these policies is important.

A clear timeline of events leading to the dismissal. This includes meetings, incidents, warnings, investigations, and the termination event itself. A well-structured chronology is one of the most powerful pieces of evidence.

Records of meetings where performance, conduct, or the dismissal itself was discussed. Notes should include who was present, what was discussed, and any decisions made.

Emails, letters, and messages between the employer and employee relevant to the matter. This includes termination letters, show-cause notices, and any written responses from the employee.

If a workplace investigation was conducted, the investigation report, witness statements, and findings. This demonstrates procedural fairness.

Records showing payment of final entitlements, notice period, and any outstanding amounts. Financial records support the employer's position on procedural compliance.