How long does an unfair dismissal case take?
You need to plan your money and your next job around an uncertain wait.
How long does an unfair dismissal case take?
There is no fixed length, and any number quoted without context is a guess. The pace depends on whether conciliation settles the matter, how busy the court is and how complex your facts are.
Since the 2020 amendment to the Industrial Relations Act, a case that fails conciliation moves straight to the Industrial Court without a minister deciding whether it proceeds.1 That removed one source of delay, but it did not fix a length for the stages that follow.
Why does the length matter to your money?
Back wages are assessed from the date of dismissal to the last day of the hearing, capped at 24 months for a confirmed employee and 12 months for a probationer.2 Once the cap is reached, a longer case does not produce a larger award.
Earnings from a new job can also be deducted from that figure, so track your own income while the case is open.
What can you control while you wait?
You cannot control the court calendar, but you can control how ready your case is. Read what happens at conciliation and what to expect at the Industrial Court, so neither stage is a surprise.
Confirm your filing date with the deadline calculator, because the first 60-day step is the one fixed deadline. Keep your job search and finances moving while you wait, instead of pausing everything.
If you want a lawyer with you for the whole wait, send your case to an independent employment lawyer. They can review it and act for you from filing onward if it is one they can take on.
Ask for a short update at each stage, not only at major milestones.
If you are preparing a claim and want a lawyer alongside you for the whole wait, an independent employment lawyer can review your case. They can act for you from filing onward.
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 there a maximum time limit for the whole case?
No fixed limit applies to how long the process runs. The back wages an award can include are capped, so a longer case does not mean a larger payout.
Does settling at conciliation make things faster?
Usually, yes. A case that settles during conciliation avoids the referral and hearing stages entirely, which are the stages that add the most time. That is one reason conciliation is worth taking seriously rather than treating as a formality.
Can I work another job while my case is ongoing?
Nothing stops you from working while the case is open, and it is sensible given the uncertainty around timing. Earnings after dismissal can affect the back wages calculation, so keep records of any new income.
Does a stronger case move faster?
Not automatically, since scheduling and the employer's response affect pace as much as the strength of your facts. A well documented case is easier to progress at each stage, which can help, even if it does not fix the calendar.
Sources
- Since the Industrial Relations (Amendment) Act 2020, the Director General refers a case straight to the Industrial Court once conciliation fails, removing the ministerial screening step that used to add delay. MECA
- Back wages are assessed from the date of dismissal to the last day of hearing, capped at 24 months for a confirmed employee and 12 months for a probationer. DNH
Keep reading
If you are preparing a claim and want a lawyer alongside you for the whole wait, an independent employment lawyer can review your case. They can act for you from filing onward.
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.