What To Do About An Industrial Court Case
Your case has been referred to the Industrial Court and you want to know what to do now.
What Should You Do Once Your Case Reaches Court
Since a 2020 amendment, an unresolved case moves from conciliation directly to the Industrial Court, without you needing to file anything further yourself1. Once you receive that referral, the priority shifts to preparing your evidence.
Start organising your documents by date: your contract, dismissal letter, warnings, and anything connected to the reason your employer gave. A clear, dated set of records makes everything after this stage easier.
Understanding What Changes At This Stage
Unlike conciliation, a lawyer can now represent you directly, and your employer carries the burden of proving the dismissal had just cause or excuse2. This shifts the practical focus toward testing whether they can actually do that.
Hearings are more formal than conciliation, so understanding roughly what to expect ahead of time reduces a lot of the uncertainty people feel at this stage.
Why This Stage Feels Different
Many people describe this stage as the point where a dismissal starts feeling formal in a way it had not before. That feeling is understandable, since a referral means the dispute is now headed toward a real hearing.
It does not mean anything has gone wrong with your case. It simply means conciliation did not resolve things, and the process is moving to the stage built for a more thorough review.
What To Do This Week
Read the Industrial Court entity page for a fuller picture of what this stage typically involves, including which division may hear your case. The Section 20 representation page explains the step that brought you here.
If you are still deciding whether to involve a lawyer, the guide on what to do before contacting a lawyer may help you think it through.
A short conversation with a lawyer now can help you prepare properly while your documents and memory are still fresh.
If your case has just been referred to the Industrial Court, telling us which division and what stage you are at helps us see how to help fastest.
Common questions
What is the first thing I should do once referred to court
Start organising your documents by date: your contract, dismissal letter, warnings, and anything related to the reason given. This preparation matters more early on than anything else.
Do I need a lawyer immediately at this stage
Not immediately, but this is the stage where a lawyer can finally represent you directly, unlike at conciliation. Many people bring one in well before the hearing itself.
What if I do not understand the referral letter I received
That is common, since the language used can be formal. A lawyer can explain what it means for your specific case and what happens next.
Is there anything I should avoid doing at this stage
Avoid signing any new document from your employer without review, and avoid assuming the case will resolve itself without your active involvement.
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
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If your case has just been referred to the Industrial Court, telling us which division and what stage you are at helps us see how to help fastest.