Myths About Filing A Dismissal Claim
Some common beliefs about filing are wrong, and they make people wait too long.
Four beliefs about filing keep people from acting in time. None of them holds up.
Does filing mean you get paid?
No. The process asks first for reinstatement, and no outcome is promised until the case is decided.1
Filing opens a set of steps. What comes out of them depends on the facts and the evidence.
Do you need a lawyer to file?
No. You can lodge the representation yourself, and solicitors cannot represent you at the conciliation that follows.2
Some people still prepare with a lawyer beforehand to check their dates and wording. That is a choice, not a requirement.
What if your employer ignores it?
The process does not depend on your employer. The department still arranges conciliation and, if needed, refers the case onward.
Silence from your employer does not stop your claim. It can also become part of the story you tell.
Is the 60-day deadline flexible?
No. Treat it as fixed, because even a short delay can close off your options.
Count from the dismissal date, not from the day you decided to act. The date on your letter or message is the one that matters.
How do you get past the myths?
Start with your own dates on the 60-day deadline calculator. The Section 20 representation page explains what filing involves, step by step.
If the case goes further, read about myths about the Industrial Court process and the Industrial Court itself.
If you want a lawyer to act for you, send your dismissal date and what happened. An independent employment lawyer can review your papers and reply about whether and how they can act.
If you are seriously considering a Section 20 claim, send your dismissal date. An independent employment lawyer can check it against the 60-day limit and confirm whether it is a case they can take on.
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
Does filing mean I will receive compensation?
No. Filing starts a process that asks for reinstatement first. Any payout depends on how the case is decided, and nothing is promised at the filing stage.
Do I need a lawyer to file?
No. You can lodge the representation yourself, and solicitors cannot represent you at conciliation anyway. Some people still prepare with a lawyer first.
Does the case stop if my employer does not respond?
No. The department still arranges conciliation and, if needed, refers the case onward, whether or not your employer takes part.
Does missing the deadline by a day or two matter?
Yes. Treat the 60-day limit as fixed and check your exact dates instead of assuming there is leeway.
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 are seriously considering a Section 20 claim, send your dismissal date. An independent employment lawyer can check it against the 60-day limit and confirm whether it is a case they can take on.
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.