How an unfair dismissal claim works
You want to know what happens after you file, step by step.
What are the steps in an unfair dismissal claim?
The process runs in a fixed order: a written representation, conciliation, referral if needed, then a possible hearing. You have 60 days from the dismissal date to lodge the written representation with the Director General of Industrial Relations.1
Once it is lodged, the department arranges conciliation, usually one or two sessions with an industrial relations officer mediating between you and your employer.3 Conciliation is meant to help both sides settle without going further.
What happens if conciliation fails?
If no settlement is reached, the case does not simply stop. Since the Industrial Relations (Amendment) Act 2020, the Director General refers the matter straight to the Industrial Court, without a minister deciding whether it proceeds.2
At the Industrial Court, both sides present their case and the court issues a written award.
What should you prepare at each stage?
Before filing, confirm your dismissal date with the deadline calculator, because the whole process depends on meeting that first deadline. Read how to file a Section 20 representation so the wording and documents are ready.
Before conciliation, gather your termination letter, contract and any written record of what happened. If the case reaches court, read what an Industrial Court hearing involves so it is familiar when it happens.
Keep an organised copy of every document from the start, because you may be asked for them again at a later stage. Respond quickly to any request from the department or the court.
If you plan to claim and want a lawyer to run the stages for you, send your dates to an independent employment lawyer. They can review whether it is a case they can act on.
If you plan to bring a claim and want a lawyer to run the stages for you, an independent employment lawyer can review your dates. They can tell you how they would take it through.
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
How many stages does an unfair dismissal claim go through?
Broadly four: the written representation, conciliation at the Industrial Relations Department, referral to the Industrial Court if conciliation fails, and a hearing that ends in an award. Not every case reaches the last stage, since some settle earlier.
Do I have to go through conciliation before court?
Yes. Conciliation happens first and is meant to help both sides settle without a full hearing. Only if that fails does the case move toward the Industrial Court, and since 2020 that referral happens automatically rather than through ministerial screening.
Can the employer delay the process?
Delays happen, particularly around document exchange and scheduling, but the structure of the process itself does not depend on the employer's cooperation to keep moving. Your own deadline for the first step still runs regardless.
What happens if I miss a step along the way?
Missing the initial 60-day deadline is the most serious risk, since later stages depend on that filing happening on time. Respond promptly to every notice from the department or the court.
Sources
- A worker has 60 days from the dismissal date to lodge a written representation with the Director General of Industrial Relations. Mah Weng Kwai & Associates
- Since the Industrial Relations (Amendment) Act 2020 took effect on 1 January 2021, the Director General refers a case straight to the Industrial Court once conciliation fails, without ministerial screening. MECA
- After a representation is lodged, the department arranges conciliation, usually one or two sessions, with an industrial relations officer mediating. Mah Weng Kwai & Associates
Keep reading
If you plan to bring a claim and want a lawyer to run the stages for you, an independent employment lawyer can review your dates. They can tell you how they would take it through.
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.