The Window You Must Not Miss
You have less time than it feels like, and the clock started the day you were let go.
The shock of losing a job can eat into time you do not realise you are spending. This page sets out exactly how the deadline works, and where to check your own date.
What is the deadline, and where does it start counting?
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 count starts on the date your employment actually ended, not the date you received the letter.
If you resigned because of your employer’s conduct, the same window applies from your resignation date. You can work out your exact deadline once you enter that date.
Why is 60 days shorter than it sounds?
Two months feels generous until the shock, the job hunt and the paperwork start eating into it. Many people lose two or three weeks simply deciding what to do next.
Treat the window as shorter than it looks, and use the deadline calculator early rather than close to the line.
What happens if you miss it?
The limit is strict, and missing it can close off the claim entirely. There is no routine extension built into the process, so a missed deadline is one of the hardest gaps to fix later.
If you are unsure whether time has already run out, that is still worth checking quickly rather than assuming the door is shut.
How do you find your exact date?
Confirm the date your employment actually ended first, since everything else counts from it. Then use the calculator to see the exact date your representation must reach the Director General of Industrial Relations.
If your dismissal date is unclear, for example after a drawn-out resignation, write down what you know and get a second opinion early.
What happens after you file in time?
Filing within the window opens the route: conciliation at the Industrial Relations Department. If that fails, the 2020 amendment to the law sends a direct referral to the Industrial Court.2 The claim itself asks for reinstatement first, with money as a later step.3
The filing itself, a Section 20 representation, is a short document once your facts and dates are in order.
What should you do today?
Check your dismissal date and run it through the deadline calculator now, not later this week. Then gather your letter, contract and payslips while you still have time to think it through.
A short conversation early costs you nothing and can tell you where you stand before the window closes.
The calculator gives you the exact date, and a short message gives you a plan for the time you have left. Tell us your dismissal date and we can help you use it well.
Common questions
Does the deadline count calendar days or working days?
Calendar days. Weekends and public holidays are included in the count, so the deadline arrives sooner than counting only working days would suggest. Use the calculator with your exact dismissal date to avoid miscounting.
What if my last day and my letter date are different?
Use the date your employment actually ended, which is usually your last working day. If you are unsure which date applies to your situation, enter the earlier one and confirm it with a lawyer soon after.
Can the 60 days ever be extended?
There is no routine extension in the process, so treat the limit as firm. If you believe your situation is unusual, ask a lawyer quickly rather than waiting to find out on your own.
I think the deadline has already passed. Is there still anything I can do?
Do not assume the door is closed without checking. Related routes and limited exceptions can exist depending on your facts, so it is worth a quick conversation rather than giving up on your own.
Does the deadline apply if I was forced to resign rather than dismissed outright?
Yes. The same 60-day window applies from your resignation date if your employer's conduct forced you out. That situation has its own page on constructive dismissal, worth reading alongside this one.
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
- Since the Industrial Relations (Amendment) Act 2020 came into force on 1 January 2021, the Director General refers a case that does not settle at conciliation directly to the Industrial Court. MECA, Industrial Relations Act 1967 Guide
- The primary remedy an unfair dismissal claim seeks is reinstatement to the employee's former job; back wages or compensation follow only if reinstatement is ordered, or awarded in lieu of it. Mah Weng Kwai & Associates, Unfair Dismissal
Keep reading
The calculator gives you the exact date, and a short message gives you a plan for the time you have left. Tell us your dismissal date and we can help you use it well.