How long a poor performance claim takes
You were put on a performance plan before dismissal and want to know the timeline.
Does the performance plan stage count toward your deadline?
No. A poor performance dismissal often follows a performance improvement plan (PIP), and none of that period uses up your filing window.
The window starts only when you are dismissed, and gives you 60 days to act.1
The plan affects your evidence, not your deadline. Gather the targets, review dates and written warnings before you file, since they shape how the case is argued.
What happens once you file?
After you file, JPPM arranges one or two conciliation sessions.2 An officer mediates between you and your employer.
Solicitors are not part of this stage, so having your plan and warnings organised matters more than legal representation in the room.
If conciliation does not settle it, the case goes straight from the Director General to the Industrial Court, with no ministerial screening, unlike before 2021.3 That shortened one part of the path, but the total length still depends on your case.
Why does comparator evidence change the timeline?
A performance case often turns on whether you got a real chance to improve, and whether others in the same role were treated the same for similar shortfalls.
Gathering that comparison takes time at the start. You need names, roles and outcomes for people you can fairly compare yourself to.
A well documented comparison usually shortens the hearing. It gives the court a concrete answer instead of a general complaint about unfairness.
How do you set realistic expectations?
Start with the one date that matters. Use the 60-day deadline calculator, since missing it ends your options however the plan went.
The page on dismissal for poor performance explains what a fair performance process includes, and the Industrial Court page covers the court stage. If your case also involves a conduct allegation, read how long a misconduct dismissal claim takes.
If you want a lawyer to act, an independent employment lawyer may review your dates and reply about whether they can take the claim forward.
If you want to act within the 60-day window after a poor performance dismissal, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send your warnings and any improvement plan. An independent employment lawyer can tell you whether they can 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 length of my performance improvement plan affect my filing deadline?
No. Your 60-day window starts on the date of dismissal, not when the plan began or ended. A long plan beforehand does not add time to file.
Should I gather my performance improvement plan documents before I file?
Yes. Collect the plan, its targets, and every warning or review tied to it before you file. Those documents matter more at the hearing than at conciliation.
How long does conciliation take in a performance case?
JPPM usually arranges one or two sessions, mediated by an officer. Whether it settles there often depends on how clearly both sides can show what the plan required.
Does comparing my treatment with other employees slow things down?
It can add preparation time at the start, since you must gather how others in the same role were treated. Good comparator evidence usually speeds up the hearing, because it answers a question the court will ask anyway.
Sources
- An employee who believes a dismissal had no just cause or excuse can file a written representation to the Director General of Industrial Relations within 60 days of the dismissal Mah Weng Kwai & Associates
- After a Section 20 representation, JPPM typically arranges one or two conciliation sessions, and solicitors are not permitted to represent either side at that stage Mah Weng Kwai & Associates
- Since the Industrial Relations (Amendment) Act 2020 took effect, an unresolved case goes straight from the Director General to the Industrial Court without ministerial screening MECA
Keep reading
If you want to act within the 60-day window after a poor performance dismissal, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send your warnings and any improvement plan. An independent employment lawyer can tell you whether they can 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.