How Long Does This Process Take

You want a straight answer about timing, not a vague sense that it could take a while.

There is no fixed length for a constructive dismissal case, but each stage has its own rough shape worth understanding.

How long does the stage before resigning usually take?

This part is entirely up to you, since it depends on how much evidence you need to gather and how clear the breach already is. Rushing this stage to move faster can leave gaps in your case that are hard to fill in later.

Take the time you reasonably need here, since a well-documented resignation tends to move more smoothly through everything that follows.

How long does conciliation typically take?

The department usually arranges one or two conciliation sessions once your representation is filed¹. Scheduling between sessions depends on both parties’ availability, so this stage can move at different speeds from case to case.

Some cases resolve here entirely, which shortens the overall timeline considerably compared with one that proceeds further.

How long does the Industrial Court stage take?

Since the 2020 amendment, a case that fails at conciliation moves directly to the Industrial Court, without the ministerial screening step that used to add delay². Once there, the length depends on the court’s schedule and how much evidence both sides present.

A straightforward case with clear documentation tends to move faster than one with disputed facts or many witnesses to hear. Postponements do happen occasionally, on either side, which can add weeks that are hard to plan around in advance.

Does the total length vary a lot between cases?

Yes, considerably. Two cases that look similar on paper can take quite different amounts of time to resolve.

Much of that difference comes down to how busy the relevant office or court is, and how both sides engage with the process.

Treat any estimate you hear as a rough guide rather than a promise, and focus instead on making sure each stage you control moves as smoothly as possible.

What should you do while you wait?

Keep your documents organised and stay reachable, since conciliation dates and hearing dates can be set with limited notice. Read about the full process and check your own deadline with the deadline calculator so timing never catches you off guard.

A lawyer can also flag anything in your specific case likely to move faster or slower than average, before you file your Section 20 representation.