The law behind your dismissal claim
This Act is where your right to challenge an unfair dismissal comes from.
The Industrial Relations Act 1967 is the source of the right most people rely on when they say a dismissal was unfair.
What it means
This Act governs disputes between employers and employees, including how to challenge a dismissal. Its Section 20 lets an employee file a written representation within 60 days of being dismissed.1
It also sets out how that filing moves forward. The case goes through conciliation and then, if there is no settlement, to a hearing at the Industrial Court.
Why it matters to you
A 2020 amendment changed part of this process. It removed the step where a minister decided whether an unresolved case moved forward, so now the Director General refers it directly.2
That made the path from a failed conciliation to a court hearing more direct and predictable.
How does this act protect you
Its core protection is that a dismissal needs just cause or excuse. The burden of proving that sits with your employer, not with you.
If you are unsure whether your situation fits, start with unfair dismissal for the general picture. Then read about Section 20 representation for the filing itself.
Whatever stage you are at, confirm your 60-day window on the deadline calculator. It is the strictest part of the whole process.
If you are thinking of challenging your dismissal under the Industrial Relations Act 1967, an independent lawyer can review your dates and documents. They can take it forward if you have grounds.
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
Is this the same law as the Employment Act?
No. The Employment Act sets baseline entitlements like notice and leave. This Act deals with industrial relations disputes, including the right to challenge a dismissal as unfair.
Does this Act cover every kind of workplace dispute?
It focuses on industrial relations matters such as dismissal, trade unions and collective disputes. Other issues, such as unpaid statutory pay, usually go through different laws and agencies.
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 within 60 days of the dismissal. 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
Keep reading
If you are thinking of challenging your dismissal under the Industrial Relations Act 1967, an independent lawyer can review your dates and documents. They can take it forward if you have grounds.
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.