Was your dismissal unfair?

Losing a job is a shock, and a claim can be lost by waiting. If you think your dismissal was unfair, the first step has a 60-day limit.

What counts as unfair dismissal?

A dismissal is unfair when your employer ends your employment without “just cause or excuse”. In plain terms, the law asks whether there was a real, proven reason and whether a fair process was followed.

At the Industrial Court, your employer has to prove it had a real reason. You do not have to prove your innocence.

The protection covers dismissal for alleged misconduct, poor performance, redundancy or no stated reason at all. It applies whether you were confirmed or still on probation.

Do I have a case?

Start with the reason you were given, if any. A dismissal with no reason, no warning, or no chance to respond is easier to question.

Then look at the process. Were you told what you supposedly did wrong?

Were you given a chance to explain, or an inquiry where one was expected? Gaps in the process matter as much as the reason itself.

If you resigned because life at work was made unbearable, that may still be a dismissal in law. That situation has its own page: constructive dismissal.

The one deadline that matters first

There is a strict time limit. You may make a written representation to the Director General of Industrial Relations asking to be reinstated, within 60 days of your dismissal.¹

The 60 days pass quickly once the job hunt and the paperwork start. If you are close to the line, treat it as urgent.

You can work out your exact deadline here.

What happens after you file

Your representation goes to the Industrial Relations Department (JPPM), which arranges conciliation, a meeting where an officer helps both sides look for a settlement. A lawyer does not speak for you at this stage, but you can prepare with one beforehand.

If the matter does not settle, it is referred directly to the Industrial Court for a decision.² The filing itself has its own page: how to lodge a Section 20 representation.

What the outcome can be

The claim asks for your job back. The Court can order reinstatement with back wages, or compensation instead if trust has broken down.

Back wages are capped at 24 months of last-drawn salary for a confirmed employee, and 12 months for a probationer.³ A lawyer can tell you early whether your facts support a claim worth making.

What to do this week

Save everything while you still can: your letter, contract, payslips, appraisals, and any messages about your exit. Do not delete or alter anything.

Write down what happened in order, with dates. A clear timeline is worth more than a long story, and it is the first thing a lawyer will ask for.

If you want a lawyer to act on this, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send your timeline and documents while the 60 days are still running. An independent lawyer can review whether it is a case they can take on.