How Long Does Filing A Claim Take?
You were dismissed and want to know how the filing stage runs.
Nobody can promise how long a claim takes, but you can see how the filing stage runs. Each step has a clear order.
How do you file a representation?
You write to the Director General of Industrial Relations and say you were dismissed without just cause. The letter must be sent within 60 days of the dismissal.1
This is a letter to a government department, not a court filing. Include your dismissal date, a short account of what happened and any documents you have.
What happens after JPPM receives it?
JPPM arranges conciliation, which is one or two sessions with an officer.2 Solicitors are not permitted to represent either side, so the letter and your own account carry the weight.
If conciliation settles the matter, the process ends there. If not, the case moves on without you filing anything else.
What did the 2020 change alter?
Before 2021, an unresolved case went to the Minister of Human Resources, who decided whether it continued. Since the Industrial Relations (Amendment) Act 2020 took effect, the Director General refers it straight to the Industrial Court.3
For you, that means fewer places for the case to stall. Its path no longer depends on a separate decision.
How do you file it right the first time?
Confirm your deadline first on the 60-day deadline calculator. The letter has to be filed inside that window.
The Section 20 representation page sets out what the letter should cover. To see what happens once a case reaches the court, read about the Industrial Court and how long an Industrial Court case takes.
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 want to file inside the 60-day limit, send your dismissal date. An independent employment lawyer can tell you how they would 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
Who do I write my representation to?
You write to the Director General of Industrial Relations, not to the Industrial Court. JPPM, the Industrial Relations Department, receives and processes it.
What does JPPM do after I file?
JPPM arranges conciliation, with one or two sessions led by an officer. The aim is to see whether you and your employer can settle.
What if conciliation does not settle the matter?
The Director General refers the case to the Industrial Court. Since 2021 there is no ministerial screening, and you do not file anything more to trigger the referral.
Can anyone tell me how long my case will take?
No one can name an exact length, because court schedules and case details differ. A lawyer can give you a realistic picture once they see how your letter was filed.
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
- After a representation is lodged, the Industrial Relations Department arranges conciliation, usually one or two sessions where an officer mediates; solicitors are not permitted to represent parties at conciliation Mah Weng Kwai & Associates
- Since the Industrial Relations (Amendment) Act 2020 came into force on 1 January 2021, the Director General now refers a case that does not settle at conciliation directly to the Industrial Court MECA
Keep reading
If you want to file inside the 60-day limit, send your dismissal date. An independent employment lawyer can tell you how they would 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.