Industrial Relations Commission of NSW

Preparing a witness statement

Witness statement

A witness is a person with first-hand knowledge about an incident, event or dispute.

A witness statement is a document that describes what a witness saw, heard or experienced during an incident, event or dispute.

A person making a witness statement may be asked to answer questions at a hearing, based on their written witness statement.

What should be included in a witness statement?

  • Your full name, work address and occupation;
  • Your connection to the matter before the Commission;
  •  A factual description, written from your perspective, as to what occurred during the incident, event or dispute.

When preparing your witness statement:

  • Be truthful. Only include details if you remember them;
  • Be as specific and accurate about the date, time, place, people involved, and what occurred, as you can. If you can remember a specific date, then specify the date. If you cannot remember a specific detail, such as a date, you should set out the time as best you, such as ‘around October 5’;  
  • Write the statement in chronological order;  
  • Write in the first-person (for example, “I attended a meeting”, “He said to me”) because this is a personal account of what you witnessed;
  • If you are quoting what someone said, quotes should be in “quotation marks” and be attributed to the person who made the statement;
  • Documents that support the facts set out in your statement should be referenced in the statement, and attached to the end of your witness statement; and   
  • You should sign and the date of the document.
  • Do not use AI and include a paragraph at the beginning which states that you have not used AI to write any part of your statement.

What should not be included in a witness statement?

  • Arguments or submissions about the legislation, regulations, rules or case law;
  • Assumptions, unfounded allegations, gossip or personal attacks;
  • Statements about what the Commission should do or decide;
  • Anything that you do not know yourself to be true.

You can ask people to help you, but because it’s your statement, don’t include anything that you don’t agree with or don’t understand. You can be asked to explain things in your statement.

How do I format the witness statement?

  • Have a clear title ‘Statement - Unfair Dismissal Claim’, ‘Statement - Public Sector Disciplinary Appeal’ or ‘Statement - Witness in John Smith’s Unfair Dismissal Claim’;
  • Use numbered paragraphs to make it easier for parties to refer to sections of the statement;
  • Use sub-headings if your statement deals with multiple issues (e.g. sub-heading ‘First Warning’ followed by a first-hand account of the events that took place, sub-heading ‘Second Warning’ and a first-hand account of the events that took place, etc);
  • Use 1.5 spacing and at least 11 pt Arial font; and
  • Ask someone to proofread the statement and point out any spelling mistakes, punctuation and grammar.

Example witness statement

Statement - Unfair Dismissal Claim

John Smith
Art Designer
565656 Hunter Place
Valletta NSW 34343

1. My name is John Smith and I commenced employment with ABC Pty Ltd on 27 May 1999.
2. I did not use AI to write any part of this statement.
3. I was employed as a full time Art Designer by ABC Pty Ltd from 27 May 1999 to 1 February 2000.
4. I was promoted to the position of Art Director by ABC Pty Ltd on 1 March 2002 and held this position until I was terminated.

Meeting

5. On or around the 15 March 2003, Mr Hudson, Human Resource Manager, for ABC Pty Ltd, asked me to attend a meeting.  
6. I said, “What is this meeting all about?"
7. Mr Smith said something to the effect of, "You have been taking excessive sick leave".
8. I said, "I can't help it if I get sick".

Termination Letter

9. On 17 March 2003, my employment with ABC Pty Ltd was terminated. Attached and marked "Exhibit A" is a copy of the termination letter.
10. On 18 March 2003, I sent a letter to Mr Hudson, Human Resource Manager, for ABC Pty Ltd, which is attached and marked "Exhibit B".
11. On 21 March 2003, I received a memorandum from Mr Hudson informing me that I would not be required to attend work from 24 March 2003. Attached and marked "Exhibit C" is a copy of the memorandum.

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