Missed the filing deadline?
The days ran out before you filed, and you want to know if anything can be done.
What happens if you miss the filing deadline?
In most cases, a claim lodged after the window closes cannot go forward. You have 60 days from the dismissal date to lodge a written representation with the Director General of Industrial Relations, and the deadline is treated strictly.1
Before you assume you are too late, check your arithmetic. Workers can count from the wrong starting point, so the real answer can be better than you feared.
Why should you double-check the date?
The clock usually starts on the day you were told your employment had ended, not the date on a letter that arrived later. A verbal dismissal, a WhatsApp message or being locked out of your systems can all mark day one.
Some people count from the day they signed a settlement, or from their last day in the office, instead of the dismissal date. A difference of a week can change the answer, so run your dates through the deadline calculator before you conclude the window has closed.
What options remain?
Other disputes, such as unpaid contractual entitlements, can run on separate routes with their own time limits. They are different from a Section 20 claim, so ask specifically which routes may still be open.
If an unfair dismissal claim can still go forward, your employer has to prove just cause, not you.2 Read how the 60-day count works to check your dates.
If the count shows you are late, send your dismissal date and the date you filed or planned to file to an independent employment lawyer. They can review whether any route is still open and act if it is.
If you may have missed the 60-day window, send the dismissal date and the date you filed or planned to file. An independent employment lawyer can review whether there is still a route to pursue.
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 deadline ever get extended?
The 60-day period is treated strictly, so plan around it as a hard limit rather than hoping for flexibility. Do not assume an exception applies to your dismissal.
What if I am not sure exactly when the 60 days started?
That is common, especially where a verbal dismissal came before any letter. Check the actual date you were told your employment had ended or stopped working, since that is usually the trigger, and confirm it with a calculator rather than a guess.
Are there other claims with a different time limit?
Some disputes, such as unpaid contractual entitlements, run on separate legal routes with their own timing rules. These are different from a Section 20 unfair dismissal claim, so it is worth asking specifically which routes might still be open.
Should I still speak to a lawyer if I think I am late?
Yes. Confirming the exact date and checking whether any other route applies is worth doing before you assume nothing can be done.
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 you may have missed the 60-day window, send the dismissal date and the date you filed or planned to file. An independent employment lawyer can review whether there is still a route to pursue.
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.