After Missing The Filing Deadline
Missing a deadline feels final, but a few narrow options can still exist.
What Happens If You Miss The Filing Deadline?
In most cases, a claim lodged after the window closes cannot go forward.
A worker has 60 days from the dismissal date to lodge a written representation with the Director General of Industrial Relations, and that rule is applied strictly 1.
Before assuming you are too late, the first useful step is not despair, it is arithmetic.
Many workers count from the wrong starting point, so the actual answer sometimes turns out better than feared.
Why The Date Itself Is Worth Double Checking
The clock usually starts from the day you were told your employment had ended, not the date on a formal letter that arrived later.
A verbal dismissal, a WhatsApp message, or being locked out of systems can all mark day one, even without paperwork.
Run your actual dates through a deadline calculator before concluding the window has closed, since a miscounted date is a common and fixable mistake.
If the count genuinely confirms you are late, that still does not mean every option disappears.
What Options Remain
Other disputes, such as unpaid contractual entitlements, can run on separate legal routes with their own timing rules, distinct from a Section 20 claim.
The employer still carries the burden of proving just cause once any claim is properly before a forum, which matters whichever route applies 2.
Reading how the 60 day count actually works can help you understand exactly where your case stands.
A short conversation with an employment lawyer is the fastest way to know whether anything can still be done in your specific situation.
Feeling that you have already lost the chance to act is a common reaction, but it is worth confirming rather than assuming.
People sometimes count from the day they signed a settlement, or from their last physical day in the office, rather than the true dismissal date.
Even a difference of a week or two in how the date is counted can change the outcome, so treat the arithmetic as worth double checking properly.
Whatever the result of that check, understanding your actual position is better than continuing to guess.
Even a difficult answer is better than continued uncertainty.
Knowing exactly where you stand lets you plan your next move with confidence.
A wrong assumption today is easier to fix than a missed chance tomorrow.
Before assuming the door is closed, it is worth confirming the exact dismissal date and checking your situation with an employment lawyer.
Common questions
Does the deadline ever get extended?
The 60 day period is treated strictly, so plan around it as a hard limit rather than hoping for flexibility. If you believe there are unusual circumstances around your specific dismissal, raise them directly with an employment lawyer rather than assuming an exception applies.
What if I am not sure exactly when the 60 days started?
That is common, especially where a verbal dismissal came before any letter. Check the actual date you were told your employment had ended or stopped working, since that is usually the trigger, and confirm it with a calculator rather than a guess.
Are there other claims with a different time limit?
Some disputes, such as unpaid contractual entitlements, run on separate legal routes with their own timing rules. These are different from a Section 20 unfair dismissal claim, so it is worth asking specifically which routes might still be open.
Should I still speak to a lawyer if I think I am late?
Yes. Confirming the exact date and checking whether any other route applies is worth doing before assuming nothing can be done. An employment lawyer can tell you quickly whether your specific situation still has options.
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
Before assuming the door is closed, it is worth confirming the exact dismissal date and checking your situation with an employment lawyer.