The Steps In A Constructive Dismissal Case

You want the whole sequence laid out clearly, starting from where you actually are right now.

A constructive dismissal case follows the same formal steps as any other unfair dismissal claim, with one difference at the very start.

What happens at the very first step?

Unlike an outright dismissal, this process begins with your own resignation, treated in law as being forced by your employer’s conduct. That resignation is the event that starts your sixty day clock running².

Because you are the one deciding when to leave, this first step deserves careful thought and documentation before you act, not after.

What happens once you file your representation?

You file a Section 20 representation with the Director General of Industrial Relations within sixty days of resigning. The department then usually arranges one or two conciliation sessions between you and your former employer³.

Many cases resolve at this stage, once both sides have heard how the other frames the events leading up to your resignation.

What happens if conciliation does not resolve things?

The case is referred to the Industrial Court, where it is examined more formally. The Court applies the contract test, asking whether your employer’s conduct broke a term going to the root of your contract¹.

Your evidence of the breach, and of how promptly you responded to it, both become central at this stage.

What happens at the hearing itself?

Both sides present evidence and arguments before the Court issues a written award. That award can include reinstatement, a monetary remedy, or a finding that the resignation was not, in fact, a forced one.

Documents, messages, and witness accounts from both stages of the process usually resurface here, which is why keeping them organised from the start pays off.

Does timing change at any point in this process?

The sixty day window is fixed from your resignation date and does not pause while you gather evidence or think things over. Once conciliation fails, the case now moves straight to the Industrial Court, without the ministerial screening step that used to add delay under the older version of the law.

That change means there is less of a built-in pause than there once was, so treat each stage as moving forward promptly once it begins.

What should you do this week?

Confirm your timeline with the deadline calculator, and read what to do before you resign if you have not left yet. Ask a lawyer how the Industrial Court is likely to view your specific set of events.