How To File Your Unfair Dismissal Claim
Filing your written representation correctly the first time avoids unnecessary delay.
How Do You File An Unfair Dismissal Representation?
You submit a written representation to the Director General of Industrial Relations, not to a court, within 60 days of your dismissal date 1.
The representation should clearly state your details, your employer’s details, the date you were dismissed, and that you believe the dismissal lacked just cause or excuse.
It should also ask for reinstatement, since that is the remedy the law is structured around at this stage.
Supporting documents, such as your termination letter and contract, can be referenced or attached to support your account.
What Happens After You File
Once filed, the department typically arranges conciliation, bringing you and your employer together with an officer who helps both sides try to settle.
If conciliation does not resolve the matter, the case moves forward automatically rather than waiting on a minister’s decision.
Since the 2020 amendment to the Industrial Relations Act, the Director General refers a case straight to the Industrial Court once conciliation fails 2.
Understanding this sequence in advance means each later step feels expected rather than confusing when it arrives.
Before You File
Confirm your dismissal date is accurate using a deadline calculator, since the whole filing depends on that date being right.
Read the full process from filing through to a possible hearing so you know what follows this first step.
If your case eventually reaches a hearing, understanding the Industrial Court in advance will help you feel prepared.
An employment lawyer can check your draft representation before you submit it, which is often worth the short delay.
It also helps to keep a personal copy of everything you submit, including the date and method of submission, in case any question arises later about when you filed.
If you are filing close to the deadline, consider submitting in person or through a method that gives you immediate proof of receipt, rather than one where confirmation might take time.
Peace of mind at this stage matters, since knowing your filing was received correctly lets you focus on the next part of the process.
Reaching out to the department directly if you have not received any acknowledgement after a reasonable period is a sensible follow-up step.
Filing correctly the first time saves real time later.
A few extra minutes of care at this stage is rarely wasted.
Getting the wording and details right before you file is exactly the kind of thing worth checking with an employment lawyer first.
Common questions
What information does the written representation need to include?
Your personal and employer details, your dismissal date, a clear statement that you believe the dismissal lacked just cause or excuse, and a request to be reinstated are the core elements. Supporting documents can be referenced or attached.
Do I file this with a court directly?
No, the representation goes to the Director General of Industrial Relations at the Industrial Relations Department, not directly to the Industrial Court. The court only becomes involved later if conciliation fails.
Can I file this myself without a lawyer?
Yes, many workers file the initial representation themselves. Having the wording checked beforehand, even briefly, can help avoid a poorly worded representation weakening an otherwise valid claim.
What happens right after I file?
The department will typically arrange conciliation, bringing you and your employer together with an officer to try to settle the matter before anything moves further.
Sources
- A worker who believes a dismissal had no just cause or excuse has 60 days from the dismissal date to lodge a written representation with the Director General of Industrial Relations. Mah Weng Kwai & Associates
- Since the Industrial Relations (Amendment) Act 2020, the Director General refers a case straight to the Industrial Court once conciliation fails, without ministerial screening. MECA
Keep reading
Getting the wording and details right before you file is exactly the kind of thing worth checking with an employment lawyer first.