The Steps After You Are Pushed Out
You want to see exactly how a claim moves forward after you were pushed to resign.
An ultimatum, then a resignation, then silence about what happens next. This page fills that gap with the actual sequence a forced resignation case follows.
What starts the sixty day clock?
Your resignation date starts the window, not the date of the original ultimatum or any earlier warning you received. If the ultimatum came days before you actually resigned, it is the resignation itself that anchors your deadline1.
Mark that exact date somewhere you will not lose it, since everything downstream depends on it.
What does filing your representation involve?
Filing means submitting a Section 20 representation to the Director General of Industrial Relations, setting out the ultimatum and why you resigned because of it. You do not need a lawyer physically present at this filing stage, though help preparing the wording is common.
Be specific about what was said, by whom, and when, rather than describing the pressure in general terms.
What happens during conciliation?
The department typically arranges one or two conciliation sessions, where an officer tries to mediate between you and your former employer2. Solicitors are not permitted to represent either side directly in these sessions, though preparation beforehand still matters.
A meaningful share of cases end here, once both sides have set out their version of the ultimatum.
How does the Court read an explicit ultimatum?
If conciliation fails, the case goes to the Industrial Court, which applies the contract test from Wong Chee Hong v Cathay Organisation3. The Court asks whether the pressure you faced amounted to a breach going to the root of your contract, not simply whether the conversation was unpleasant.
An explicit ultimatum, unlike a vague accumulation of grievances, often gives the Court a single clear moment to examine.
What can the final award actually include?
A written award follows the hearing, and it can order reinstatement, a monetary remedy, or a finding that no forced resignation occurred. None of these outcomes is decided in advance, and each depends on how the evidence about your specific ultimatum holds up.
What should you do this week?
Confirm your resignation date on the deadline calculator, and read what to do right after the ultimatum if you have not already. Ask a lawyer how the Industrial Court is likely to weigh the exact wording you were given.
A lawyer can walk through this sequence with the specific details of your ultimatum filled in, so it feels less abstract.
Common questions
Does the process start with the ultimatum itself?
In practice, yes, since the ultimatum and your response to it become the central facts of your case. The formal Section 20 steps follow once you have resigned.
What happens after you file your representation?
The department usually arranges one or two conciliation sessions to try to resolve things before any formal hearing. Many cases settle at this point, without going further.
How does the Industrial Court assess an ultimatum specifically?
The Court applies the contract test, looking at whether the pressure to resign amounted to a serious breach of your contract. The exact wording and context of the ultimatum both matter here.
Is the process any different from an ordinary constructive dismissal case?
The formal steps are the same, though an explicit ultimatum often gives a clearer, more specific event to build the case around.
Sources
- An employee who believes they were dismissed without just cause or excuse may file a Section 20 representation with the Director General of Industrial Relations within sixty days of the dismissal. Mah Weng Kwai & Associates
- After a representation is filed, the Department of Industrial Relations usually arranges one to two conciliation sessions between the employer and the employee. Mah Weng Kwai & Associates
- The Supreme Court in Wong Chee Hong v Cathay Organisation (M) Sdn Bhd held that constructive dismissal is judged by the contract test, whether the employer breached a term going to the root of the contract. Thomas Philip
Keep reading
A lawyer can walk through this sequence with the specific details of your ultimatum filled in, so it feels less abstract.