Your Case Is Going To The Industrial Court
Conciliation did not settle it, and you want to know what to do now.
A referral to the Industrial Court means conciliation did not settle your dispute. It does not mean your case is weak.
What happens after the referral?
Since 1 January 2021, the Director General refers an unsettled case straight to the Industrial Court.1 You do not file anything more yourself.
Your job now is to prepare your evidence. Sort your papers by date: contract, dismissal letter, warnings and anything about the reason your employer gave.
What changes at this stage?
A lawyer can now represent you, which was not possible at conciliation. Your employer also has to prove the dismissal had just cause or excuse.2
Hearings are more formal than conciliation. Knowing roughly what to expect removes much of the stress.
Why does this stage feel different?
Some people say this is when the dismissal starts to feel official. That reaction is normal, because a hearing is now coming.
Nothing has gone wrong with your case. Conciliation simply did not settle it, and the next stage is built for a fuller review.
What should you do this week?
Read about the Industrial Court, including which branch may hear your case. The Section 20 representation page explains the step that brought you here.
If you are unsure about involving a lawyer, read what to do before contacting a lawyer.
If you want a lawyer to act for you, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send your dismissal date and the referral letter. An independent employment lawyer can review the facts and reply about whether and how they can act, while your papers and memory are still fresh.
If you want a lawyer to act on your Industrial Court case, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send the referral letter and your dismissal date. An independent employment lawyer can confirm whether it is a case they can take on.
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
What should I do first after the referral?
Sort your documents by date: contract, dismissal letter, warnings and anything about the reason your employer gave. This matters more than anything else at the start.
Do I need a lawyer straight away?
Not on day one, but this is the first stage where a lawyer can speak for you. Some people bring one in well before the hearing.
What if I do not understand the referral letter?
That is common, because the wording is formal. A lawyer can explain what it means for your case and what happens next.
Is there anything I should avoid?
Avoid signing any new paper from your employer without having it read first. Also avoid assuming the case will look after itself.
Sources
- Since the Industrial Relations (Amendment) Act 2020 came into force on 1 January 2021, the Director General refers a case that does not settle at conciliation directly to the Industrial Court MECA
- The burden of proving just cause or excuse for a dismissal rests on the employer, not the employee, once a case reaches the Industrial Court Mah Weng Kwai & Associates
Keep reading
If you want a lawyer to act on your Industrial Court case, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send the referral letter and your dismissal date. An independent employment lawyer can confirm whether it is a case they can take on.
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.