When You Should Not File A Claim
Filing is not always the right move, and some problems belong elsewhere.
Filing a Section 20 claim is the right move for some dismissed workers, but not for everyone. Three situations point elsewhere.
When is it too late?
If more than 60 days have passed since your dismissal, the window has closed.1 At that point the calendar matters more than the strength of your story.
Check your exact dates before you rule anything out. A small mistake in counting can change the answer.
When is it the wrong route?
If you resigned entirely by choice, with nothing forcing your hand, a dismissal claim does not fit.
If your real complaint is unpaid salary, unused leave or a benefit you are owed, take it to the Labour Department under the Employment Act. Filing in the wrong place wastes time.
When might a settlement work better?
Your employer has to prove the dismissal was for just cause or excuse.2 Even so, a dismissal backed by a well documented, reasonable process is hard to beat.
In that case a calm request for a fair reference or a small settlement can get you more, sooner, than a formal claim.
What should you do instead?
Check your exact dismissal date on the 60-day deadline calculator before you decide. The Section 20 representation page explains what filing involves if it does fit.
For the same question at the next stage, read about when not to pursue an Industrial Court case.
If you want a lawyer to act for you, send your dismissal date and what happened. An independent employment lawyer can review the facts and reply about whether and how they can act.
If you are comparing a settlement with a Section 20 claim, send your dismissal date. An independent employment lawyer can check it against the 60-day limit and handle the claim if it is worth pursuing.
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 if my 60-day deadline has passed?
Once the window closes you lose the right to file over that dismissal. A lawyer can confirm your exact dates and whether any exception applies.
What if I resigned by my own choice?
A resignation that was truly voluntary is not a dismissal you can file over. If you felt forced to resign, that is a different situation.
What if my real complaint is unpaid wages or leave?
Those belong with the Labour Department under the Employment Act, not a Section 20 claim. Filing in the wrong place wastes time you may not have.
Can I negotiate with my employer instead?
Yes, and some disputes end there. A calm written request for a reference or a settlement can work faster than a formal claim.
Sources
- An employee who considers they were dismissed without just cause or excuse may make a written representation to the Director General of Industrial Relations, asking to be reinstated, within 60 days of the dismissal Mah Weng Kwai & Associates
- In an unfair dismissal case the burden falls on the employer to prove the dismissal was for just cause or excuse Mah Weng Kwai & Associates
Keep reading
If you are comparing a settlement with a Section 20 claim, send your dismissal date. An independent employment lawyer can check it against the 60-day limit and handle the claim if it is worth pursuing.
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.