How to file your unfair dismissal claim
You want to file and need to know what the representation must say.
How do you file an unfair dismissal representation?
You send a written representation to the Director General of Industrial Relations, not to a court, within 60 days of your dismissal date.1 It should state your details, your employer’s details, the date you were dismissed and that you believe the dismissal lacked just cause or excuse.
It should also ask for reinstatement, the remedy the law is built around at this stage. Refer to or attach supporting papers, such as your termination letter and contract, to the representation submitted to the Director General of Industrial Relations.
What happens after you file?
The department arranges conciliation, bringing you and your employer together with an officer who helps both sides try to settle. If conciliation fails, the case moves on without waiting for a minister.
Since the 2020 amendment to the Industrial Relations Act, the Director General refers the case straight to the Industrial Court.2 Knowing this order in advance makes each later step feel expected.
How do you prove you filed?
Keep a copy of everything you submit, with the date and method. If you file close to the deadline, use a method that gives immediate proof of receipt.
If you get no acknowledgement after a reasonable time, contact the department to follow up.
What should you do before you file?
Confirm your dismissal date with the deadline calculator, because the whole filing depends on it. Read the full process from filing to a possible hearing and, if the case may reach a hearing, how the Industrial Court works.
If you are ready to file, an employment lawyer can check or prepare your representation and act for you through conciliation if you have grounds.
If you are ready to file a Section 20 claim, an independent employment lawyer can prepare and lodge it for you. They can act for you through conciliation if you have grounds.
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 information does the written representation need to include?
Your details, your employer's details, your dismissal date, a clear statement that you believe the dismissal lacked just cause or excuse, and a request for reinstatement are the core parts. You can refer to or attach supporting documents to the representation submitted to the Director General of Industrial Relations.
Do I file this with a court directly?
No. The representation goes to the Director General of Industrial Relations at the Industrial Relations Department, not to the Industrial Court. The court only becomes involved if conciliation fails.
Can I file this myself without a lawyer?
Yes, many workers file the first representation themselves. Having the wording checked first, even briefly, helps stop a poorly worded representation weakening a valid claim.
What happens right after I file?
The department arranges conciliation, bringing you and your employer together with an officer to try to settle before the matter goes further.
Sources
- A worker who believes a dismissal had no just cause or excuse has 60 days from the dismissal date to lodge a written representation with the Director General of Industrial Relations. Mah Weng Kwai & Associates
- Since the Industrial Relations (Amendment) Act 2020, the Director General refers a case straight to the Industrial Court once conciliation fails, without ministerial screening. MECA
Keep reading
If you are ready to file a Section 20 claim, an independent employment lawyer can prepare and lodge it for you. They can act for you through conciliation if you have grounds.
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.