What to do about filing a claim
You want to file a dismissal claim and are not sure what comes first.
What should you do first about filing a claim?
Confirm your exact dismissal date and check it against the 60-day window for a written representation.1 Everything else can follow once you know how much time is left.
You do not need a lawyer for this step, since you can lodge the representation directly with the Department. What matters more now is getting your facts and dates straight.
What happens after you file?
Your case goes to conciliation, usually one or two sessions where an officer from the Department mediates between you and your employer.2 Solicitors do not take part, so prepare your own account clearly.
If conciliation does not settle it, the case can go on to the Industrial Court without you filing anything further at that point.
Why is it worth moving deliberately?
Acting quickly does not mean acting carelessly. Taking a day to get your dates and facts straight before filing is time well spent, since you only lodge the representation once.
What matters is not letting the deadline pass while you decide. Rushing the filing itself before you are ready does not help.
What should you do this week?
Check your deadline on the 60-day deadline calculator, since that date does not move once it passes. The Section 20 representation page explains what the written claim needs to say.
To see what happens if your case reaches a hearing, read about the Industrial Court. If you are still deciding whether to involve a lawyer, read what to do before contacting a lawyer.
If you want a lawyer to file it for you, send your dismissal date to an independent employment lawyer. They can review your case before the deadline and reply about whether they can act.
If you are thinking of filing a Section 20 representation, send your dismissal date and what happened. An independent employment lawyer can tell you 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
What is the very first thing to do after a dismissal?
Confirm your exact dismissal date, then check it against the 60-day filing window. That one date decides everything else about timing.
Do I need a lawyer to get started?
No. You can lodge the representation yourself, and lawyers cannot represent you at conciliation in any case. Some people still prepare with one beforehand, mainly to check their facts and dates.
Should I try to negotiate with my employer first?
You can, but do not let informal talks eat into your 60-day window. Filing on time keeps your options open while a separate conversation continues.
What if I am not sure my dismissal was actually unfair?
That doubt is common and is no reason to ignore the deadline. A short conversation with a lawyer can clarify whether your situation likely meets the legal test.
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 thinking of filing a Section 20 representation, send your dismissal date and what happened. An independent employment lawyer can tell you 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.