How do you file a dismissal claim?
You want your job back, and the first step is one written claim.
You have decided to act, and the first step is a written claim called a Section 20 representation.
What does a Section 20 representation ask for?
A Section 20 representation is the written claim that says your dismissal was unfair. It is the starting point of an unfair dismissal claim.
You lodge it with the Director General of Industrial Relations within 60 days of your dismissal, asking to be reinstated.1 The claim asks first for your job back, not money.
Compensation can be awarded in place of reinstatement once the case is decided.
How do I lodge one before the deadline?
Start by working out your exact deadline from your dismissal date. The 60-day deadline is counted strictly.1
You submit the claim in writing to the Industrial Relations Department (JPPM), online through its IRIS system or at a JPPM office. JPPM explains the steps on its own site.
If your deadline is close, lodge it yourself first. Do not wait for a reply from us or from a lawyer.
Set out what happened and when, and ask plainly to be reinstated. You do not need a lawyer to submit it, though you can prepare with one beforehand.
What happens after you file?
JPPM then arranges conciliation, a meeting run by an officer to help both sides settle, usually over one or two sessions.2
Lawyers cannot represent you at conciliation, but you can prepare with one beforehand.
What if conciliation does not settle?
Since the Industrial Relations (Amendment) Act 2020 took effect on 1 January 2021, the Director General now refers an unresolved case straight to the Industrial Court.3 This step used to need ministerial screening first, but that no longer applies.
How long your own case takes still depends on its facts.
Do I need a lawyer at this stage?
Not to file the representation itself, and not at conciliation, where lawyers cannot speak for you. Where a lawyer helps most is before you file: checking your facts, your dates, and what evidence will matter later.
If the case reaches the Industrial Court, a lawyer can represent you there.
What to prepare this week
Confirm your exact dismissal date, since everything else is counted from it. If you resigned rather than were told to leave, the date is usually when you resigned, not when the problems started.
Gather your letter, contract, payslips and any messages about your exit. If you want a lawyer to prepare and lodge the claim for you, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send those papers directly to that lawyer well before the 60 days run out.
If you want a lawyer to prepare and lodge your Section 20 representation, send your dismissal date and what happened. An independent lawyer can review it and act if it is a case they can take on.
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 exactly does a Section 20 representation ask for?
It asks the Director General of Industrial Relations to reinstate you to your old job. Money is not the starting request. Back wages come with reinstatement, and compensation can be awarded instead of it once the case is decided.
Can I file it myself, or do I need a lawyer immediately?
You can file it yourself, and lawyers cannot speak for you at conciliation in any case. You can still prepare with a lawyer beforehand, to check that your facts and dates are solid before you submit.
What happens if I miss the 60-day deadline?
The deadline is strict, and missing it can close off the claim entirely. If you are unsure whether you are still inside it, treat that as the first thing to check, before anything else about your case.
Is conciliation the same as going to court?
No. Conciliation is a mediated meeting aimed at a settlement, run by a department officer, not a judge. Only if conciliation fails does the matter move on to a full hearing at the Industrial Court.
What if my employer does not respond to the representation?
The process does not depend on your employer replying. The Department still arranges conciliation, and if nothing is resolved there, the case still moves forward to the Industrial Court regardless of your employer's silence.
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 (Section 20, Industrial Relations Act 1967). Mah Weng Kwai & Associates, Unfair Dismissal
- After a representation is lodged, the Industrial Relations Department arranges conciliation, usually one or two sessions where an officer mediates; solicitors are not permitted to represent parties at conciliation. Mah Weng Kwai & Associates, Unfair Dismissal
- Since the Industrial Relations (Amendment) Act 2020 came into force on 1 January 2021, the Minister's discretionary screening was removed, and the Director General now refers a case that does not settle at conciliation directly to the Industrial Court. MECA, Industrial Relations Act 1967 Guide
Keep reading
If you want a lawyer to prepare and lodge your Section 20 representation, send your dismissal date and what happened. An independent lawyer can review it and act if it is a case they can take on.
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.