How a poor performance claim works

What are the steps in a poor performance claim?

The process starts with a written representation to the Director General of Industrial Relations, filed within 60 days of your dismissal.¹ This formally opens your case.

JPPM then arranges conciliation, usually one or two sessions where an officer mediates between you and your employer.² Solicitors cannot represent either side here, so you attend and speak for yourself.

What happens if conciliation does not settle it?

The case now goes directly from the Director General to the Industrial Court, without the ministerial screening step that existed before 2021.³ You do not have to request this separately.

At the Industrial Court the process becomes formal. Both sides present evidence, and your employer has to justify the dismissal first.

This is also the stage where a lawyer can represent you directly.

What should you bring to conciliation?

Bring your dismissal letter, your PIP and every warning, in date order. Add a one-page summary of what happened and what you want, such as your job back or a fair payment.

Keep your tone calm. The officer is there to help both sides find a settlement, not to decide who is right.

How do you prepare for each stage?

Start by confirming your dates on the 60-day deadline calculator, since filing depends on them. The page on dismissal for poor performance explains what a fair process should have looked like before your dismissal.

To see what a hearing involves, read the Industrial Court page. The Section 20 representation page explains the filing step in more depth.

If you want representation, an independent employment lawyer can review your case and act for you at conciliation and, if needed, at the hearing.