Sixty Day Deadline Questions Answered Plainly

The 60-day deadline, explained for workers

The 60-day window is the most important date in an unfair dismissal case. Confusion about it can cost a worker the claim.

These are the questions asked most often about this deadline.

What exactly is the 60-day deadline?

It is the time limit for lodging a written representation with the Director General of Industrial Relations, seeking reinstatement, under Section 20.¹

It applies to dismissals without just cause or excuse, including constructive dismissal.

When does the 60 days start counting?

From the date of dismissal, which is usually your last day of work or the date on your termination letter.

For a resignation treated as constructive dismissal, it generally runs from your resignation date.

What if I was unsure whether I was actually dismissed?

Count from the clearest date you have, such as the last day you were told to work.

Waiting until you are certain risks running past the window.

Is there any way to extend the deadline?

There is generally no routine extension, so treat the date as fixed.

Acting early gives you more room to prepare a proper representation.

Does this deadline apply to every type of dismissal?

It applies broadly to dismissals without just cause or excuse: unfair dismissal, constructive dismissal, retrenchment disputes and misconduct dismissals.

The facts of each case still matter for the claim itself.

Is this the same deadline as the Employment Insurance System?

The Employment Insurance System run by PERKESO also has a 60-day claim window from termination, but it is a separate scheme from Section 20.²

You can pursue both if you qualify.

How do I check exactly how many days I have left?

Count from your dismissal date with the deadline calculator. Acting sooner leaves more time to prepare.

If you want a lawyer to file for you, send your dismissal date and what happened to an independent employment lawyer. They can review the facts and reply on whether and how they can act.