Mistakes To Avoid When Filing A Claim
A few small errors can weaken your claim before conciliation starts.
Most filing mistakes come from delay or from wrong assumptions. Each one is easy to avoid once you know it.
What is the most common mistake?
Letting the 60-day window slip while you wait to see how a talk with your employer goes.1 The clock keeps running whatever else is happening.
A second mistake is expecting a lawyer to speak for you at conciliation. Solicitors are not permitted to represent either side there.2
Which mistakes weaken a claim quietly?
Filing against the wrong company name is one. Check your dismissal letter and payslips for the exact registered employer before you lodge anything.
Relying on memory is another, because dates fade within a few weeks. A short written account made early is worth more than a detailed memory made later.
What about promises from your employer?
Some employers offer to reconsider or promise a settlement by word of mouth. A spoken promise can change, and the 60-day window does not pause for it.
If your employer offers something informally, file anyway to protect your position. The talks can carry on separately.
What should you do instead?
Check your deadline now on the 60-day deadline calculator, however confident you feel. The Section 20 representation page explains what the letter must include.
If the case is referred onward, read about mistakes to avoid at the Industrial Court and how the Industrial Court works.
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 have already started a Section 20 claim and want it checked, send your dismissal date. An independent employment lawyer can take it forward 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
Is waiting to hear from my employer a mistake?
It can be. The 60-day limit keeps running during any informal talks, so filing on time protects you while the conversation continues.
Should I expect a lawyer at conciliation?
No. Solicitors cannot represent parties at that stage. A lawyer can still help you prepare beforehand.
What if I named the wrong company?
Check your dismissal letter and payslips for the exact registered employer name before you send anything. Using the wrong name is a mistake you can avoid.
Is relying on memory a mistake?
Yes. Dates blur within weeks. Write down what happened as soon as you can, even before you decide to file.
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
Keep reading
If you have already started a Section 20 claim and want it checked, send your dismissal date. An independent employment lawyer can take it forward 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.