Your Rights When Filing A Dismissal Claim
You are about to file and want to know what protects you.
Filing gives you a formal review of your dismissal. It does not give you a payout, but it does give you real protections.
What right does filing give you?
You can ask for your dismissal to be reviewed by writing to the Director General of Industrial Relations within 60 days, asking to be reinstated.1 No particular result is promised.
Some people assume that filing alone settles the matter. It only opens a process with set steps.
Who has to prove what?
Once you file, your employer must show the dismissal had just cause or excuse.2 The burden does not sit with you.
You can expect that to be respected through conciliation and any hearing that follows.
What if your employer does not engage?
Your case can still move forward. The department still arranges conciliation.
Since the 2020 amendment, an unresolved case goes straight to the Industrial Court.3 You do not need your employer’s cooperation for that.
What do these rights mean for you?
You are not asking your employer for a favour. You are using a process the law sets out for exactly this situation.
That can make the whole thing feel less like begging and more like a route you are entitled to use.
How do you turn rights into action?
Check your dates on the 60-day deadline calculator, because a right you do not use in time cannot be enforced later. The Section 20 representation page sets out what filing involves.
The court stage has its own protections, so read about your rights at the Industrial Court.
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 believe your rights were breached and you are considering a Section 20 claim, 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
What does filing give me?
The right to have the department consider your case, arrange conciliation and, if nothing is settled, refer it to the Industrial Court. It does not promise any particular result.
Who must prove the dismissal was fair?
Your employer must show just cause or excuse. You do not carry the burden of proving it was unfair.
Can I be heard without a lawyer?
Yes. Conciliation is built for you to speak for yourself, and the process does not need a lawyer to move forward.
What if my employer ignores the case?
The process continues. Conciliation is still arranged, and an unresolved case is still referred to the Industrial Court.
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
- 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 believe your rights were breached and you are considering a Section 20 claim, 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.