How The Filing Deadline Is Counted
The counting method matters more than most workers realise until it is tested.
How Is The Filing Deadline Actually Counted?
The rule itself is simple to state: a worker has 60 days from the dismissal date to lodge a written representation with the Director General of Industrial Relations 1.
The harder part is identifying the correct starting date, since that single choice can shift the entire count.
Most disputes about the deadline turn out to be disputes about which date should count as day one, not disagreement about the 60 day figure itself.
That is exactly why a dedicated deadline calculator is safer than working it out on paper.
Common Counting Mistakes
Some workers count from the date on a formal letter, when the actual dismissal happened earlier during a meeting or a phone call.
Others assume weekends or public holidays pause the count, which is not a safe assumption to build a filing date around.
A third common error is counting from the last day physically worked, which is not always the same as the date the employer says the dismissal took effect.
Each of these mistakes can shift your true deadline by days that matter.
Getting The Count Right
Write down the specific date you were told your job had ended, in your own words, as soon as you can.
Run that date through the calculator rather than counting manually, and treat the result as your working deadline.
Remember that once a claim is properly before the department, the employer still has to prove just cause or excuse for the dismissal, not you 2.
If your dates feel uncertain or disputed, confirm them with an employment lawyer before the window narrows any further.
It is worth doing this check even if you feel confident about your dates, since a second look rarely hurts and occasionally catches a genuine mistake.
Write down the specific event you are treating as the trigger date, along with anything that supports it, such as a message, a letter, or a witness who was present.
If your employer later disputes that date, having your own written record from the time makes the disagreement far easier to resolve.
Acting a few days early, once you are reasonably confident of the count, is always safer than filing on what you believe is the very last possible day.
Small mistakes here carry real weight.
A single day can matter.
Check your work twice.
Then check it again with someone else.
If your dates are close to the edge of the window, it is worth having an employment lawyer confirm the count before you file anything.
Common questions
Does day one start on the dismissal date or the day after?
This is exactly the kind of detail that trips people up, and it is why using a calculator built for this specific count is safer than counting on paper. Getting it wrong by even a day can matter, so confirm rather than assume.
Do weekends and public holidays count toward the 60 days?
Treat the count as running through calendar days rather than only working days, and confirm your own dates carefully rather than assuming holidays pause the clock. When in doubt, act earlier rather than closer to what you believe the deadline is.
What if my dismissal date is disputed by my employer?
Use the date you were actually told your employment had ended as your working date, and keep a record of why you believe that is correct. An employment lawyer can help you address any dispute over the date once your representation is lodged.
Is it safer to file early rather than close to the deadline?
Yes. Filing earlier gives you room to fix small errors in your written representation and reduces the risk that a miscounted date costs you the claim entirely. There is little benefit to waiting once you have decided to act.
Sources
- A worker has 60 days from the dismissal date to lodge a written representation with the Director General of Industrial Relations. Mah Weng Kwai & Associates
- The burden falls on the employer, not the employee, to prove the dismissal was for just cause or excuse. Mah Weng Kwai & Associates
Keep reading
If your dates are close to the edge of the window, it is worth having an employment lawyer confirm the count before you file anything.