The steps after you were pushed to resign
You resigned under pressure and want to see how a claim moves forward.
What starts the 60-day clock?
Your resignation date starts the window, not the date of the ultimatum or any earlier warning. If the ultimatum came days before you resigned, the resignation anchors your deadline.1
Mark that date somewhere you will not lose it. Everything after it depends on it. This is the first step of any forced resignation claim.
What does filing your representation involve?
You submit a Section 20 representation to the Director General of Industrial Relations. It sets out the ultimatum and why you resigned because of it. You do not need a lawyer at this stage, though help with the wording is common.
Be specific about what was said, by whom and when. Avoid describing the pressure in general terms.
What happens during conciliation?
The department usually arranges one or two conciliation sessions, where an officer mediates between you and your former employer.2 Solicitors cannot represent either side in these sessions, so preparation beforehand matters.
Some cases end here, once each side has given its version of the ultimatum.
How does the Court read an explicit ultimatum?
If conciliation fails, the case goes to the Industrial Court, which applies the contract test from Wong Chee Hong v Cathay Organisation.3 It asks whether the pressure amounted to a breach going to the root of your contract, not whether the talk was unpleasant.
An explicit ultimatum gives the Court one clear moment to examine, unlike a long list of vague grievances.
What can the final award include?
A written award follows the hearing. It can order reinstatement, a money remedy, or find that no forced resignation occurred. None is decided in advance. Each depends on how your evidence about the ultimatum holds up.
What should you do this week?
Confirm your resignation date on the deadline calculator. If you have not yet, read what to do right after the ultimatum.
If you want a lawyer to act, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send them the ultimatum and your dates. An independent employment lawyer can assess how the Industrial Court is likely to weigh the exact wording you were given.
If you are ready to start a claim over your forced resignation, 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 tell you how they would act on it.
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 the ultimatum itself?
In practice, yes. The ultimatum and your response to it become the central facts of your case. The formal Section 20 steps follow once you have resigned.
What happens after you file your representation?
The department usually arranges one or two conciliation sessions to try to settle things before any formal hearing. Some cases settle at this point.
How does the Industrial Court assess an ultimatum specifically?
It applies the contract test and asks whether the pressure to resign amounted to a serious breach of your contract. The exact wording and context of the ultimatum both matter.
Is the process any different from an ordinary constructive dismissal case?
The formal steps are the same. An explicit ultimatum often gives a clearer, more specific event to build the case around.
Sources
- 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
- 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
Keep reading
If you are ready to start a claim over your forced resignation, 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 tell you how they would act on it.
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.