How Long An Industrial Court Case Takes
If you want a realistic sense of timing, here is how long an Industrial Court case usually runs.
How Long Does An Industrial Court Case Take
The 2020 amendment removed a ministerial screening step that used to sit between conciliation and referral. That change shortened part of the path to court1. It does not fix a total timeline for the hearing stage itself.
Once at court, timing depends mainly on the court’s caseload. It also depends on how complex your dispute is, including how much evidence and how many witnesses are involved.
What Actually Drives The Pace
Your employer carries the burden of proving the dismissal was fair2. A case that requires testing a lot of documents or testimony naturally takes longer to resolve. A simpler dispute, with clearer facts, tends to move faster.
Being organised and responsive on your own side helps avoid unnecessary delays. The overall schedule, though, is largely set by the court.
Why No One Can Give You A Fixed Number
It can be frustrating to hear that timing varies, especially when you want a plan. The honest reason is that court schedules and case complexity differ from one case to the next. A single figure would mislead more than it would help.
A lawyer following your case closely can still update you as it progresses. That tends to be more useful than a general estimate given before a hearing date even exists.
Setting Realistic Expectations
The Industrial Court entity page explains what this stage typically involves. For the earlier, faster-moving stage, see the guide on how long filing a claim takes.
The guide on how long it takes to get help covers a related question if you are still deciding when to bring in a lawyer.
A lawyer who knows the current court situation can give you a more grounded sense of timing than any general guide.
If you want a realistic sense of how long your own case might take at this stage, a lawyer can walk you through the likely path.
Common questions
Did the 2020 amendment make cases move faster overall
It removed one step, the ministerial screening that used to sit between conciliation and referral, which shortened part of the path. It did not fix a total timeline for hearings.
What mainly decides how long a hearing stage takes
The court's caseload and how complex the dispute is, including how much evidence and how many witnesses are involved. These vary considerably from case to case.
Can I speed up my own case
Being organised and responsive helps avoid unnecessary delays on your side, though the overall pace is largely set by the court's schedule.
Should I expect updates during a quiet period
Quiet periods between hearing dates are normal and do not necessarily mean anything has gone wrong with your case.
Sources
- 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
- The burden of proving just cause or excuse for a dismissal rests on the employer, not the employee, once a case reaches the Industrial Court Mah Weng Kwai & Associates
Keep reading
If you want a realistic sense of how long your own case might take at this stage, a lawyer can walk you through the likely path.