What does a forced resignation claim cost?
You were pushed to resign and want to know what a claim would cost.
Why does this claim cost more to build than it first appears?
A forced resignation claim depends on the contract test.3
The test has four questions:
- Did the employer breach a fundamental term?
- Was the breach serious?
- Did you resign because of it?
- Did you act without delay?
A lawyer needs evidence on all four points. That is more groundwork than a plain dismissal usually needs. It does not mean a bigger bill automatically, but the strength of your ultimatum evidence affects how much work is needed.
Does acting quickly save money later?
Resigning promptly after the ultimatum is cheaper to argue than a late resignation. Keep dates, messages and witness names close to hand.
A gap between the ultimatum and your resignation raises questions. The lawyer must then answer them, which adds preparation time. Gather your evidence in the days around the ultimatum, not weeks later.
Does the early stage involve legal fees?
Conciliation is not a courtroom. Solicitors cannot appear there for either side, so it carries no courtroom-style fees.1
A lawyer’s time goes into what comes before it: turning your account of the ultimatum into a clear, dated story.
What should you ask before agreeing to any fee?
Ask what is included. Ask what counts as extra work if the case is disputed on any of the four conditions. Ask how costs are tracked if it goes further than expected.
A written answer protects you from confusion once the case is underway.
What should you do this week?
You have 60 days from your resignation to file a Section 20 representation, so weigh cost within that window.2 Check how much time remains on the deadline calculator.
Read whether this claim is worth it before you decide. If you want a lawyer to assess your claim and say what acting would cost, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send the ultimatum and your dates.
If you are weighing up what a claim over your forced resignation would cost, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send the ultimatum and your resignation date. An independent employment lawyer can handle it if it is worth pursuing.
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
Why does a forced resignation claim need more legal groundwork than some others?
You must establish all four conditions of the contract test, not just that something unfair happened. Building that case takes more upfront work than a plain dismissal claim.
Does acting quickly after the ultimatum lower my costs?
It can. A prompt resignation with dated evidence is simpler to argue than one where you waited and must explain the delay. Clear records also shorten preparation.
Does conciliation cost money in a forced resignation case?
Solicitors cannot represent either party there, so it carries no courtroom-style fees. A lawyer's time is more likely billed for preparing before conciliation, especially around the ultimatum.
Is the cost different if the case settles early?
It can be, depending on how the fee is set up. Ask about it in your first conversation, once you have described the ultimatum and how you responded.
Sources
- Solicitors are not permitted to represent either party at the conciliation stage run by the Department of Industrial Relations. Mah Weng Kwai & Associates
- 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
- The contract test for constructive dismissal, from Wong Chee Hong v Cathay Organisation, was summarised in Bayer (M) Sdn Bhd v Anwar Abd Rahim into four conditions covering a fundamental breach, its seriousness, the reason for resigning, and acting without delay. Thomas Philip
Keep reading
If you are weighing up what a claim over your forced resignation would cost, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send the ultimatum and your resignation date. An independent employment lawyer can handle it if it is worth pursuing.
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.