How long do you have to act?
The clock started the day you were let go, and it is running now.
The shock of losing a job can use up days without you noticing. Check your deadline first, before anything else.
What is the deadline, and where does it start counting?
You may make a written representation to the Director General of Industrial Relations, asking to be reinstated, within 60 days of your dismissal.1 The count starts on the date your employment actually ended, not the date you received the letter.
If you resigned because of your employer’s conduct, the same window applies from your resignation date. You can work out your exact deadline once you enter that date.
Why is 60 days shorter than it sounds?
Two months feels generous until the shock, the job hunt and the paperwork start eating into it. Deciding what to do next can take weeks.
Use the deadline calculator early rather than close to the line.
What happens if you miss it?
The limit is strict, and missing it can close off the claim entirely. There is no routine extension built into the process, so a missed deadline is one of the hardest gaps to fix later.
If you are unsure whether time has already run out, that is still worth checking quickly rather than assuming the door is shut.
How do you find your exact date?
Confirm the date your employment actually ended first, since everything else counts from it. Then use the calculator to see the exact date your representation must reach the Director General of Industrial Relations.
If your dismissal date is unclear, for example after a drawn-out resignation, write down what you know and have a lawyer check the date early.
What happens after you file in time?
Filing within the window starts conciliation at the Industrial Relations Department. If that fails, the Director General refers the case directly to the Industrial Court.2
The claim asks for reinstatement first, with money as a later step.3 The filing itself is called a Section 20 representation.
What should you do today?
Check your dismissal date and run it through the deadline calculator now, not later this week. Then gather your letter, contract and payslips while you still have time to think it through.
If you want a lawyer to file and run your claim, send your dismissal date early. An independent lawyer can then review it before the window closes.
If you are inside the 60 days and want a lawyer to file and run your claim, send your dismissal date. An independent employment lawyer can review whether it is a case they can act on.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.
Common questions
Does the deadline count calendar days or working days?
Calendar days. Weekends and public holidays are included in the count, so the deadline arrives sooner than counting only working days would suggest. Use the calculator with your exact dismissal date to avoid miscounting.
What if my last day and my letter date are different?
Use the date your employment actually ended, which is usually your last working day. If you are unsure which date applies to your situation, enter the earlier one and confirm it with a lawyer soon after.
Can the 60 days ever be extended?
There is no routine extension in the process, so treat the limit as firm and count from your dismissal date today.
I think the deadline has already passed. Is there still anything I can do?
Do not assume the door is closed without checking. Related routes and limited exceptions can exist depending on your facts, so check your dates before you give up.
Does the deadline apply if I was forced to resign rather than dismissed outright?
Yes. The same 60-day window applies from your resignation date if your employer's conduct forced you out. That situation has its own page on constructive dismissal, worth reading alongside this one.
Sources
- An employee who considers they were dismissed without just cause or excuse may make a written representation to the Director General of Industrial Relations, asking to be reinstated, within 60 days of the dismissal (Section 20, Industrial Relations Act 1967). Mah Weng Kwai & Associates, Unfair Dismissal
- Since the Industrial Relations (Amendment) Act 2020 came into force on 1 January 2021, the Director General refers a case that does not settle at conciliation directly to the Industrial Court. MECA, Industrial Relations Act 1967 Guide
- The primary remedy an unfair dismissal claim seeks is reinstatement to the employee's former job; back wages or compensation follow only if reinstatement is ordered, or awarded in lieu of it. Mah Weng Kwai & Associates, Unfair Dismissal
Keep reading
If you are inside the 60 days and want a lawyer to file and run your claim, send your dismissal date. An independent employment lawyer can review whether it is a case they can act on.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.