The steps in an unfair dismissal claim
You want to see the sequence a claim goes through from start to finish.
What happens at step one, when you file?
You file a Section 20 representation with the Director General of Industrial Relations within 60 days of your dismissal.1 This written document sets out what happened and starts the formal process.
Missing the window can close this route, so the date of your dismissal is the number that matters most. Everything after it depends on that date.
What happens at step two, conciliation?
The department usually arranges one or two conciliation sessions between you and your employer.3 An officer mediates, and solicitors do not represent either side in that room.
Some cases settle here, once each side hears how the other sees events. Bring your documents even though a lawyer cannot sit beside you.
If there is no agreement, the case moves on to the next stage.
What happens at step three, if conciliation fails?
A failed conciliation now goes straight to the Industrial Court. Since the 2020 amendment, the Director General refers it directly, with no ministerial screening in between.2
The referral does not decide who is right. It only means the matter goes to a hearing.
What happens at step four, the hearing?
The Industrial Court hears evidence and arguments from both sides, then issues a written award. The award can be reinstatement, a money remedy, or a finding that the dismissal was not unfair after all.
Both sides can bring documents and witnesses. A lawyer who knows this stage can help you present yours clearly.
What should you do this week?
Check where your 60-day window stands with the deadline calculator. Read how long the process takes alongside this guide.
If you want a lawyer to take your claim through these steps, send your dates. An independent lawyer may review the facts and replies about whether and how they can act at the Industrial Court.
The starting point for all of it is an unfair dismissal claim filed in time.
If you are ready to start a claim, an independent employment lawyer can review where your case stands and take it through each step for you.
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 first formal step in a claim?
Filing a Section 20 representation with the Director General of Industrial Relations within 60 days of your dismissal. This written document starts the process.
What happens right after the representation is filed?
The department arranges conciliation, usually one or two sessions, where an officer helps both sides try to agree. Lawyers do not represent either party in that room.
What happens if conciliation does not resolve things?
Since 2020, the Director General refers the case straight to the Industrial Court, without a separate ministerial decision in between.
What happens once the case reaches the Industrial Court?
The Court hears evidence from both sides and issues a written award. The award can include reinstatement or a money remedy, depending on the facts it finds.
Sources
- An employee who believes they were dismissed without just cause or excuse may file a Section 20 representation with the Director General of Industrial Relations within 60 days of the dismissal. Mah Weng Kwai & Associates
- Since the Industrial Relations (Amendment) Act 2020 came into force, a case that fails at conciliation is referred directly to the Industrial Court by the Director General, without ministerial screening. MECA
- After a representation is filed, the Department of Industrial Relations usually arranges one to two conciliation sessions between the employer and the employee. Mah Weng Kwai & Associates
Keep reading
If you are ready to start a claim, an independent employment lawyer can review where your case stands and take it through each step for you.
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.