How long does a forced resignation claim take?
You want an honest answer on how long a claim takes, not a vague guess.
How long does the stage before resigning take?
This part is up to you. It depends on how much evidence you need and how clear the breach already is. Rushing it can leave gaps that are hard to fill later.
Take the time you reasonably need. A well-documented resignation moves more smoothly through every stage of a constructive dismissal claim.
How long does conciliation take?
Once your representation is filed, the department usually arranges one or two conciliation sessions.1 Scheduling depends on both sides’ availability, so speed varies from case to case.
Some cases end here, which shortens the total time a lot compared with one that goes further.
How long does the Industrial Court stage take?
Since the 2020 amendment, a case that fails at conciliation goes directly to the Industrial Court, without ministerial screening.2 After that, the length depends on the court’s schedule and how much evidence each side brings.
A clear case with good documents moves faster than one with disputed facts or many witnesses. Postponements can happen on either side and add weeks you cannot plan for.
Does the total length vary between cases?
Yes, a lot. Two cases that look alike on paper can take very different times.
Much of the difference comes from how busy the office or court is, and how each side handles the process. Treat any estimate as a rough guide, not a promise. Focus on keeping the stages you control smooth.
What should you do while you wait?
Keep your documents organised and stay reachable, because conciliation and hearing dates can be set at short notice. Read the full process and check your deadline with the deadline calculator.
If you want a lawyer to act on your claim, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send your timeline before you file your Section 20 representation. An independent lawyer may review the facts and replies.
If you are planning a constructive dismissal claim, an independent employment lawyer can review your timeline and act for you from filing onward 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 there a fixed timeline for a constructive dismissal case?
No. Each stage depends on scheduling, evidence and how each side responds. A lawyer can give you a rough idea from similar cases they have handled.
How long does conciliation take?
The department usually arranges one or two sessions, and the gap between them depends on scheduling. Some cases settle here, which ends the process earlier than a full hearing.
Does the 2020 change to the law make things faster?
It removed a ministerial screening step that used to sit between conciliation and the Industrial Court. Cases now go directly forward once conciliation fails.
Should I count the time before I even resign?
Yes. Gathering evidence before resigning is part of your real timeline, even though it comes before any filing. Rushing it can weaken your case later.
Sources
- After a representation is filed, the Department of Industrial Relations usually arranges one to two conciliation sessions between the employer and the employee. Mah Weng Kwai & Associates
- Since the Industrial Relations (Amendment) Act 2020 came into force, a case that fails at conciliation is referred directly to the Industrial Court by the Director General, without ministerial screening. MECA
Keep reading
If you are planning a constructive dismissal claim, an independent employment lawyer can review your timeline and act for you from filing onward 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.