The Poor Performance Dismissal Claim Process

What Are The Steps In A Poor Performance Claim

The process starts with a written representation to the Director General of Industrial Relations, filed within 60 days of your dismissal¹. This step formally opens your case and sets everything else in motion.

From there, JPPM arranges conciliation, usually one or two sessions where an officer mediates between you and your employer². Solicitors are not permitted to represent either side at this stage, so you attend and speak for yourself.

What Happens If Conciliation Does Not Resolve It

If conciliation does not settle the matter, the case now goes directly from the Director General to the Industrial Court, without the ministerial screening step that used to exist before 2021³. This step happens without you needing to request it separately.

At the Industrial Court, the process becomes more formal, with both sides presenting evidence and your employer needing to justify the dismissal first. This is also the stage where a lawyer can represent you directly.

Preparing For Each Stage

Start by confirming your dates on the 60-day deadline calculator, since the filing step cannot happen without them. The dismissal for poor performance entity page explains what a fair process should have looked like before your dismissal.

For more detail on what happens if your case reaches a hearing, see the Industrial Court entity page. The Section 20 representation page explains the filing step itself in more depth.

A lawyer can help you prepare for conciliation and, if needed, for a hearing, so each stage goes as smoothly as your facts allow.