How is your filing deadline counted?
You are close to the limit and need to know which day is day one.
How is the filing deadline counted?
You have 60 days from the dismissal date to lodge a written representation with the Director General of Industrial Relations.1 The hard part is choosing the right starting date, because that one choice shifts the whole count.
Most deadline disputes are about which date is day one, not about the 60 days themselves. A deadline calculator is safer than counting on paper.
What counting mistakes do workers make?
Three mistakes can move your deadline by days that matter:
- Counting from the date on a formal letter, when the dismissal really happened earlier in a meeting or phone call.
- Assuming weekends or public holidays pause the count.
- Counting from the last day you physically worked, which may differ from the date the employer says the dismissal took effect.
How do you get the count right?
Write down the date you were told your job had ended, in your own words, as soon as you can. Put that date into the calculator and treat the result as your working deadline.
Note the event you treat as the trigger, plus anything that supports it, such as a message, a letter or a witness. If your employer later disputes the date, a record made at the time settles the argument far more easily.
Once the claim is before the department, the employer must prove just cause or excuse for the dismissal, not you.2 File a few days early rather than on the day you think is the last.
When should you ask a lawyer?
If your dates feel uncertain or disputed, an employment lawyer can check them before the window narrows. An independent lawyer can review the count against your papers and act for you if you are still in time.
If your dates sit near the edge of the 60-day window, an independent employment lawyer can check the count against your paperwork. They can file for you if you are still in time.
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 day one start on the dismissal date or the day after?
The safest step is to check with the deadline calculator instead of counting on paper. Being one day out can cost you the claim, so confirm the date and do not assume it.
Do weekends and public holidays count toward the 60 days?
Count calendar days, not only working days, and do not assume holidays pause the clock. If you are unsure, file earlier rather than on the day you think is the last.
What if my dismissal date is disputed by my employer?
Use the date you were told your job had ended, and keep a note of why you believe it is right. A lawyer can help you deal with a dispute over the date once your representation is lodged.
Is it safer to file early rather than close to the deadline?
Yes. Filing early leaves room to fix small errors and protects you if you miscounted a day. Once you have decided to claim, waiting brings no benefit.
Sources
- A worker has 60 days from the dismissal date to lodge a written representation with the Director General of Industrial Relations. Mah Weng Kwai & Associates
- The burden falls on the employer, not the employee, to prove the dismissal was for just cause or excuse. Mah Weng Kwai & Associates
Keep reading
If your dates sit near the edge of the 60-day window, an independent employment lawyer can check the count against your paperwork. They can file for you if you are still in time.
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.