When Not To File A Dismissal Claim
Filing is not always the right move, and this guide explains when a different path makes more sense.
When Should You Not File A Dismissal Claim
You should not file once the 60-day window from your dismissal has already closed1. Filing past that date is generally no longer possible, so the calendar matters more than the strength of your story.
Filing also makes less sense if you resigned entirely by your own free choice, with nothing forcing your hand, since that is generally not something a dismissal claim covers.
Weigh The Effort Against The Likely Outcome
If your real complaint is unpaid salary, unused leave, or a benefit your employer owes you, that usually belongs with the Labour Department under the Employment Act rather than a Section 20 claim. Filing in the wrong place wastes time you may not have to spare.
Even where the employer carries the burden of proving the dismissal was fair, a case built on a clearly documented and reasonable process is harder to challenge successfully2.
Some situations resolve better through a direct, calm conversation with the employer. Asking for a fair reference or a small settlement can sometimes get you more, faster, than a formal claim.
What To Do Instead
Check your exact dismissal date on the 60-day deadline calculator before ruling anything out. The Section 20 representation entity page also covers what filing actually involves, if you decide it fits your situation.
For the same question applied to the next stage, see the guide on when not to pursue an Industrial Court case.
A short conversation with a lawyer costs you little and can settle the question either way.
If you are unsure whether filing is the right move for your situation, a lawyer can help you weigh it against the alternatives.
Common questions
What if my 60 day deadline has already passed
Once the window closes you generally lose the right to file over that dismissal. A lawyer can still confirm whether any exception applies to your exact dates.
What if I resigned on my own without any pressure
A genuinely voluntary resignation is generally not a dismissal you can file over. If you felt forced into that choice, that is a different situation worth discussing.
What if my real complaint is unpaid wages or leave
That usually belongs with the Labour Department under the Employment Act, not a Section 20 claim. Filing in the wrong place wastes time you may not have to spare.
Can I still negotiate directly with my employer instead
Yes, and some disputes end there. A calm written request for a reference or a small settlement sometimes resolves things faster than a formal claim.
Sources
- An employee who considers they were dismissed without just cause or excuse may make a written representation to the Director General of Industrial Relations, asking to be reinstated, within 60 days of the dismissal Mah Weng Kwai & Associates
- In an unfair dismissal case the burden falls on the employer to prove the dismissal was for just cause or excuse Mah Weng Kwai & Associates
Keep reading
If you are unsure whether filing is the right move for your situation, a lawyer can help you weigh it against the alternatives.