Mistakes To Avoid When Filing A Claim
A few avoidable mistakes can quietly weaken a dismissal claim before it even reaches conciliation.
What Mistakes Should You Avoid When Filing
The most common mistake is letting the 60-day window slip while waiting to see how an informal conversation with your employer plays out1. The clock keeps running regardless of what else is happening.
A second mistake is expecting a lawyer to speak for you at conciliation, since solicitors are not permitted to represent either side at that stage2. Preparing with a lawyer beforehand still helps, even though they cannot attend the session with you.
Mistakes That Weaken A Case Quietly
Filing against the wrong company name is a surprisingly common error. Check your dismissal letter and payslips carefully for the exact registered employer before you lodge anything.
Relying on memory instead of writing things down is another quiet mistake, since dates in particular become unreliable over a few weeks. A short written account, made early, is worth more than a detailed memory made later.
A Mistake Worth Flagging Separately
Assuming that a verbal promise from your employer, such as an offer to reconsider, replaces the need to file is a common and risky mistake. Verbal assurances can change, and the 60-day window does not pause for them.
If your employer offers something informally, it is still worth filing to protect your position while any discussion continues separately.
What To Do Instead
Check your deadline now on the 60-day deadline calculator, regardless of how confident you feel about your case. The Section 20 representation entity page explains what the written claim needs to include.
The guide on mistakes to avoid at the Industrial Court covers the next stage if your case is referred there. When you are ready, the Industrial Court entity page explains what that stage involves.
A short conversation with a lawyer early on can catch mistakes before they cost you options later.
If you want to avoid the common mistakes people make when filing a dismissal claim, a lawyer can review your situation before you act.
Common questions
Is waiting to see if my employer reaches out a mistake
It can be, since the 60-day window keeps running regardless of any informal contact. Filing on time protects your position even while a separate conversation continues.
Is it a mistake to expect a lawyer at conciliation
Expecting one to speak for you is a mistake, since solicitors are not permitted to represent parties at that stage. Preparing with a lawyer beforehand is still useful, just not attending with you.
What if I filed against the wrong company name
This is a common and avoidable error. Check your dismissal letter and payslips carefully for the exact registered employer name before you lodge anything.
Is skipping documentation and relying on memory a mistake
Yes. Memory fades, and dates in particular become unreliable over weeks. Write down what happened as soon as possible, even before deciding whether to proceed.
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
- After a representation is lodged, the Industrial Relations Department arranges conciliation, usually one or two sessions where an officer mediates; solicitors are not permitted to represent parties at conciliation Mah Weng Kwai & Associates
Keep reading
If you want to avoid the common mistakes people make when filing a dismissal claim, a lawyer can review your situation before you act.