The steps in a forced resignation claim
You want to see how a claim moves from your resignation to a possible award.
What happens at the very first step?
A constructive dismissal case follows the same formal steps as any unfair dismissal claim, with one difference at the start. It begins with your own resignation, treated in law as forced by your employer’s conduct.
That resignation starts your 60-day clock.2 Since you choose when to leave, think and document before you act, not after.
What happens once you file your representation?
You file a Section 20 representation with the Director General of Industrial Relations within 60 days of resigning. The department then usually arranges one or two conciliation sessions between you and your former employer.3
Some cases settle here, once each side has heard how the other describes the events before your resignation.
What happens if conciliation does not settle it?
The case is referred to the Industrial Court for a formal hearing. The Court applies the contract test: did your employer’s conduct break a term going to the root of your contract?1
Your evidence of the breach, and of how quickly you responded, becomes central here.
What happens at the hearing?
Both sides present evidence and arguments, and the Court issues a written award. The award can be reinstatement, a money remedy, or a finding that the resignation was not forced after all.
Documents, messages and witness accounts from earlier stages usually come up again. Keeping them organised from the start pays off.
Does timing change at any point?
The 60-day window runs from your resignation date and does not pause while you gather evidence or think. Once conciliation fails, the case goes straight to the Industrial Court, so each stage moves on promptly once it begins.
What should you do this week?
Confirm your timeline with the deadline calculator. If you have not left yet, read what to do before you resign.
If you want a lawyer to take a claim through the Industrial Court, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send your dates and evidence. An independent lawyer may review the facts and replies on whether and how they can act.
If you are ready to bring a constructive dismissal claim, an independent employment lawyer can review your dates and evidence. If you have grounds, they can take the case through each stage.
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 process start with resigning or with filing a claim?
It starts with your resignation, treated as forced by your employer's conduct. The Section 20 representation follows within 60 days of the date you resigned.
What happens after the representation is filed?
The department usually arranges one or two conciliation sessions, where an officer helps both sides try to settle. If that fails, the case goes to the Industrial Court.
How does the Industrial Court decide a constructive dismissal case?
It applies the contract test: did your employer breach a term going to the root of your contract? Evidence of the breach and of how you responded both matter.
Does the process differ much from an ordinary dismissal claim?
The formal steps are the same. A constructive dismissal case needs more evidence at the start to show the breach and your reasonable response to it.
Sources
- The Supreme Court in Wong Chee Hong v Cathay Organisation (M) Sdn Bhd held that constructive dismissal is judged by the contract test, whether the employer breached a term going to the root of the contract. Thomas Philip
- An employee who believes they were dismissed without just cause or excuse may file a Section 20 representation with the Director General of Industrial Relations within 60 days of the dismissal. Mah Weng Kwai & Associates
- 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
Keep reading
If you are ready to bring a constructive dismissal claim, an independent employment lawyer can review your dates and evidence. If you have grounds, they can take the case through each stage.
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.