The Steps To File Your Dismissal Claim
You are ready to file and want to know what happens, in order.
A Section 20 claim moves in three steps: a letter, conciliation, then the Industrial Court if nothing is settled. Here is what each one asks of you.
What is the first step?
You write to the Director General of Industrial Relations and ask to be reinstated. The letter must reach them within 60 days of your dismissal.1
That letter is what formally opens your case. Nothing else starts until it is lodged.
What happens at conciliation?
The department arranges one or two sessions, and an officer helps you and your employer try to settle.2 Solicitors are not permitted to represent either side, so you attend and speak for yourself.
What happens if conciliation fails?
The Director General refers the case straight to the Industrial Court. Since 1 January 2021 there is no ministerial screening step, and you do not need to apply again.3
The court is more formal. Both sides present evidence, and this is the first stage where a lawyer can represent you.
What should you do while you wait?
There is a gap between filing and the first conciliation date while the department sets a time. The gap is normal and does not mean the claim has stalled.
Use it to sort your documents by date: contract, dismissal letter, payslips and any messages about what happened. You will be better prepared when the date arrives.
Where do you start today?
Confirm your dates on the 60-day deadline calculator, because you cannot file without them. The Section 20 representation page explains what the letter should say.
To see what comes later, read about the Industrial Court and the guide to the Industrial Court claim process.
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, including at a hearing.
If you are ready to start 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 is the first step?
Write to the Director General of Industrial Relations within 60 days of your dismissal. That letter formally starts your case.
What happens right after I file?
The department arranges conciliation, with one or two sessions led by an officer. You attend and speak for yourself, because solicitors do not take part.
What comes after conciliation?
If nothing is settled, the Director General refers the case to the Industrial Court. You do not wait for a separate approval.
Is there anything to do between the steps?
Keep your documents in order and stay reachable, because the department contacts you directly about dates. Preparing with a lawyer beforehand is optional.
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 are ready to start 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.