Is Filing A Dismissal Claim Worth It?
You are unsure whether a claim is worth the time and stress.
Filing is worth it if you were dismissed without a fair reason and you are still inside the 60-day limit.1 The filing step itself is cheap, because it needs no lawyer.
The harder question is whether to carry the case through conciliation and a possible hearing. That depends on your evidence more than on how angry you feel.
What makes a claim worth pursuing?
Your employer has to prove the dismissal was for just cause or excuse.2 A vague or changing reason is a good sign for you.
A dismissal backed by clear, documented conduct or performance problems is harder to challenge. Look honestly at what your employer can show.
What do you want from it?
Some people want the job back. Others want the record corrected, or a payment, or simply to know whether what happened was lawful.
What counts as worth it depends on which of these matters most to you. Decide that before you decide anything else.
How can you make the decision easier?
Treat filing and the full case as two separate decisions. Filing keeps your options open at low cost.
You can decide how far to go once you know more. That takes the pressure off one big choice.
What should you do this week?
Check your deadline on the 60-day deadline calculator, because that date does not move. The Section 20 representation page explains what filing involves.
The same question comes up at the next stage, so read whether an Industrial Court case is worth it 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 are deciding whether a Section 20 claim is worth it, send your dismissal date. An independent employment lawyer can tell you whether 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
Is filing worth it for a dismissal that feels minor?
It can be. The test is whether the process and the reason were fair, not how big the dismissal feels. A short review of your facts can settle this quickly.
Does filing cost anything if I stop later?
Filing does not need a lawyer, so the early cost is low. You can also rethink after conciliation before going further.
What makes filing more likely to be worth it?
A clear timeline, a dismissal letter and some record of the reason given all help. The employer still has to prove the dismissal was fair.
Should I decide alone or ask a lawyer first?
A short review can show whether your facts support a claim before you spend time on it. That costs less than filing without any advice.
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
- In an unfair dismissal case the burden falls on the employer to prove the dismissal was for just cause or excuse Mah Weng Kwai & Associates
Keep reading
If you are deciding whether a Section 20 claim is worth it, send your dismissal date. An independent employment lawyer can tell you whether 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.